MANJU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 61 of 2018, dated 05.05.2018, under Sections 3, 5, 7 and 8 of Immoral Traffic (Prevention) Act, 1956, registered at Police Station Rohru, District Shimla, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. She is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping her behind the bars for an unlimited period, so she be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 04.05.2018 police had a tip off that some girls, who are from Chandigarh, are involved in prostitution and the petitioner is their agent. Upon this, police laid a trap and HC Ashish was sent to Rohru as a customer with forty currency notes of Rs. 100/-. At about 10:30 p.m. HC Ashish informed at Police Station, Rohru, that he came in contact with the petitioner and she had produced a girl before him. He has further informed that he gave currency notes of Rs. 100/-, total amounting to Rs. 4000/- to the petitioner. HC Ashish has further informed that he has taken both the petitioner and that girl to Hotel Sunrise in Room No. 211. Upon this information, a police team went to Room No.211 of Hotel Sunrise and in the said room the petitioner, a girl and HC Ashish were present. On personal search of the petitioner currency notes of the denomination of Rs. 100/-, totaling rupees four thousand, were recovered. Police completed all the codal formalities. During the course of investigation it was unearthed that the petitioner brought that another girl from Rohru and During Rohru fair the petitioner earned money through prostitution. A case came to be registered against the petitioner and she was arrested on 05.05.2018. Now, the petitioner is in judicial custody. As per the prosecution, the challan is yet to be presented in the Court. Lastly, it is prayed that the bail application of the petitioner be dismissed as the petitioner was found involved in a serious offence and in case she is released on bail she may tamper with the prosecution evidence and may also flee from justice.