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Judgment
Arvind Singh Sangwan, J
Prayer in this petition is for grant of regular bail in FIR No.19 dated 07.02.2021 under Sections 3, 4 & 5 of Suppression of Immoral Traffic Act in Women and Girls, 1956 (The Immoral Traffic (Prevention) Act, 1956), registered at Police Station Dasuya, District Hoshiarpur.
Learned counsel for the petitioner submits that as per allegations in the FIR, the police received a secret information that the petitioner is doing the illegal business of prostitution by bringing the girls and ladies from outside and is earning huge amount from the customers. Upon this, the Investigating Officer sent a decoy customer ASI Harbhajan Singh and a shadow witness HC Sita Ram. When the raid was conducted, the petitioner along with two other ladies and a male person was arrested.
Learned counsel for the petitioner has further submitted that two other ladies, who were arrested with the petitioner, have already been released on regular bail by the trial Court vide order dated 23.02.2021. It is also submitted that the petitioner has been falsely implicated and both the witnesses were police officials and no person from the public was joined and even no videography was done. It is further submitted that on an earlier occasion, the petitioner was booked in three FIRs, however, she stands acquitted in all the FIRs, as the prosecution failed to prove the case.
Learned State counsel has filed the custody certificate dated 14.03.2021 in the Court today, according to which, the petitioner is involved in some other cases and is in custody for the last 01 month and 07 days and there is no denial that the petitioner stands acquitted in all three aforesaid FIRs, as specifically stated in the petition.
After hearing learned counsel for the parties, without commenting anything on merits of the case and considering the fact that the petitioner is a lady and is not required for further custodial interrogation, this petition is allowed and the petitioner is directed to be released on regular bail subject to furnishing her bail/surety bonds to the satisfaction of the trial Court/Illaqa
Magistrate/Duty Magistrate, concerned.
It will be open for the prosecution to apply for cancellation of bail, in case the petitioner is found involved in repeating such or similar offence in future.