MADAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has preferred present petition under section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') for grant of anticipatory bail in case FIR No. 225 of 2018, dated 11th August, 2018, registered under Sections 3, 4 and 5 of Immoral Traffic Act at Police Station Paonta Sahib, District Sirmaur, Himachal Pradesh.

(2.) Status report filed. Record has also been produced. Mr. Raju Ram Rahi, learned Deputy Advocate General, under instructions of HC Devinder Singh, submits that petitioner has joined the investigation. Further submitted that coaccused Vikas, Hem Raj, Vijay, Vinod, Ram Singh and Sunil have been released on bail by learned Additional Chief Judicial Magistrate, Court No. 1, Paonta Sahib, vide order, dated 21st August, 2018. It is also submitted that now, investigation is almost complete and nothing is to be recovered from the petitioner. On inquiry, the officer present in the court specifically stated that petitioner is not required for custodial interrogation.

(3.) Petitioner is local resident of the area and there is nothing available on record so as to infer that the petitioner has ever involved in the commission of the same or any other offence in the past. It is also submitted by the learned counsel for the petitioner that the petitioner alongwith his family having wife and one child is also residing at Paonta Sahib and he is working as a Manager in Arsh Guest House. There are no chances of fleeing of the petitioner. Therefore, curtailing his personal liberty, at this stage, by sending him to judicial custody will serve no fruitful purpose.