VIKRAM OM 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. 175 of 2019, dated 13.09.2019, under Section 4 of Immoral traffic Prevention Act, 1956, and Section 370 IPC, registered in Police Station Dhalli, 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. He 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 him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 12.09.2019 police got a tip off that a person from Punjab, namely Varinder Singh (co-accused), is running a racket of prostitution. Police prepared a trap and a fake client made whatsapp call and message to Varinder Singh. Initially co-accused Varinder Singh sent some of the photographs of the girls for selection. On being selected, he asked for advance of Rs. 500/- and total amount of Rs. 12,000/- was demanded by him. He also sent the account details of his account in which total Rs. 1,000/- (Rs. 500/- and Rs. 500/-) were sent alongwith IDs and booking details of Pine View Cottage & Resturant, Dhalli. Co-accused Varinder Singh also told that he will take Rs. 2000/- when he will hand over the girls. At about 10:15 p.m. Varinder Singh in vehicle, having registration No. PB65AV-9321, came there alongwith two girls and on suspecting the presence of police, he tried to flee with the girls, but was apprehended. Police recovered four currency notes of Rs. 500/-, total Rs. 2000/-, from him, which were allegedly given by the fake clients. The girls disclosed their names as Rajwant Kaur and Gurpreet Kaur and divulged that they are working under co-accused Varinder Singh for the last 5-6 months and for prostitution he used to pay very meagre amount to them and rest is kept by him. Police registered a case and the investigation ensued. Police prepared the spot map and recorded the statements of the witnesses. Investigation also revealed that co-accused Varinder Singh is actively involved in prostitution and he used to run a sex racket, so on 13.09.2019 he was arrested. Both the girls were kept in Naari Niketan and their statements were recorded under Section 164 Cr.P.C. Thereafter, the said girls were handed over to their respective families. During the course of investigation, Varinder Singh divulged that he prepared website for providing girls and started dealing in prostitution. Police also examined the said website and whatsapp chat. Police found that Varinder Sing paid Rs. 20,000/- to some unknown person for preparing the website and during the investigation said unknown person was traced to be Vikram @ Andy (petitioner herein). During the course of investigation it was unearthed that the petitioner on the asking of co-accused Varinder Singh prepared the website for him and for this he was paid Rs. 20,000/- by the co-accused. Police obtained the call records, which also demonstrate the involvement of the petitioner. On 22.09.2019 the petitioner was arrested and he disclosed that he prepared the website for co-accused Vikram Singh upon his asking. Police made the relevant recoveries. As per the police, the petitioner is resident of Punjab and it is prayed that keeping in view the seriousness of the crime, the manner in which the crime was committed, in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so the present bail application be dismissed.