CRM-M-51547 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (117) Kamal Kishore State of Punjab CORAM: Present: ALOK JAIN, J. (Oral) 1. anticipatory bail registered at Police Station Shahpur Kandi, District Pathankot, under Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956. 2. contents of the FIR, submits that the petitioner was not present at the spot and it is implausible for him to had any knowledge of what transpired between the boys and girls who came to the hotel. Counsel further submits that there is no evidence to sugges 51547-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Kamal Kishore Versus State of Punjab HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Ajay Pal Singh Rehan, Advocate for the petitioner. Mr. Japjot Singh AAG, Punjab. **** ALOK JAIN, J. (Oral) The present petition has been filed seeking the grant of anticipatory bail to the petitioner in case FIR No. 85 dated 02.08.2025, registered at Police Station Shahpur Kandi, District Pathankot, under Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956. Learned counsel for the petitioner, after referring to the contents of the FIR, submits that the petitioner was not present at the spot and it is implausible for him to had any knowledge of what transpired between the boys and girls who came to the hotel. Counsel further submits that there is no evidence to suggest that the petitioner was earning money -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51547-2025 Date of Decision:- 12.09.2025 ……Petitioner ……Respondent ALOK JAIN Mr. Ajay Pal Singh Rehan, Advocate for the petitioner. Mr. Japjot Singh AAG, Punjab. The present petition has been filed seeking the grant of to the petitioner in case FIR No. 85 dated 02.08.2025, registered at Police Station Shahpur Kandi, District Pathankot, under Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956. Learned counsel for the petitioner, after referring to the contents of the FIR, submits that the petitioner was not present at the spot and it is implausible for him to had any knowledge of what transpired between the boys and girls who came to the hotel. Counsel further submits t that the petitioner was earning money - 12.09.2025 ……Petitioner ……Respondent The present petition has been filed seeking the grant of to the petitioner in case FIR No. 85 dated 02.08.2025, registered at Police Station Shahpur Kandi, District Pathankot, under Learned counsel for the petitioner, after referring to the contents of the FIR, submits that the petitioner was not present at the spot and it is implausible for him to had any knowledge of what transpired between the boys and girls who came to the hotel. Counsel further submits t that the petitioner was earning money MANJU 2025.09.16 10:41 I agree to specified portions of this document CRM-M-51547 by running such activities in the said hotel. No other point has been raised by the counsel for the petitioner. 3. manager of the hotel and it is spec from the spot at the time of the police raid. The hotel register did not contain entries with identity proofs of the individuals found in the rooms. As the manager, the petitioner was responsible for maintaining th register and should have been aware of who was 4. recovered from the statements that operating the prostitution racket from the was taken on lease by Vicky Sharma, whose anticipatory bail petition already stands dismissed by this Court on 2025. Interestingly, in his petition, Vicky Sharma had taken the stand that the entire racket was being run by the present petitioner without his knowledge. 5. 6. hotel and was duty such activities were being conducted without his knowledge. The matter is still at the investigation stage, and the custodial interrogation of the petitioner is of utmost victims in their statements. Finding strength from the 51547-2025 by running such activities in the said hotel. No other point has been raised by the counsel for the petitioner. Learned State counsel has pointed out that the petitioner is the manager of the hotel and it is specifically recorded in the FIR that he fled from the spot at the time of the police raid. The hotel register did not contain entries with identity proofs of the individuals found in the rooms. As the manager, the petitioner was responsible for maintaining th register and should have been aware of who was Learned State counsel further submits that the girls/victims recovered from the hotel have clearly named the petitioner in their statements that the petitioner, along with t operating the prostitution racket from the hotel was taken on lease by Vicky Sharma, whose anticipatory bail petition already stands dismissed by this Court on Interestingly, in his petition, Vicky Sharma had taken the stand that the entire racket was being run by the present petitioner without his Heard learned counsel for the parties. Considering the fact that the petitioner was the manager o hotel and was duty-bound to oversee its operations, it is highly unlikely that such activities were being conducted without his knowledge. The matter is still at the investigation stage, and the custodial interrogation of the petitioner is of utmost importance. The petitioner has been named by t victims in their statements. Finding strength from the -2- by running such activities in the said hotel. No other point has been raised Learned State counsel has pointed out that the petitioner is the ifically recorded in the FIR that he fled from the spot at the time of the police raid. The hotel register did not contain entries with identity proofs of the individuals found in the rooms. As the manager, the petitioner was responsible for maintaining the said register and should have been aware of who was check in into the hotel. Learned State counsel further submits that the girls/victims hotel have clearly named the petitioner in their , along with the owner Vicky Sharma, was hotel. It is admitted that the hotel was taken on lease by Vicky Sharma, whose anticipatory bail petition already stands dismissed by this Court on 26.08.2025 in CRM-M-45486- Interestingly, in his petition, Vicky Sharma had taken the stand that the entire racket was being run by the present petitioner without his Heard learned counsel for the parties. Considering the fact that the petitioner was the manager of the bound to oversee its operations, it is highly unlikely that such activities were being conducted without his knowledge. The matter is still at the investigation stage, and the custodial interrogation of the importance. The petitioner has been named by the victims in their statements. Finding strength from the settled principle of - by running such activities in the said hotel. No other point has been raised Learned State counsel has pointed out that the petitioner is the ifically recorded in the FIR that he fled from the spot at the time of the police raid. The hotel register did not contain entries with identity proofs of the individuals found in the rooms. e said Learned State counsel further submits that the girls/victims hotel have clearly named the petitioner in their he owner Vicky Sharma, was It is admitted that the hotel was taken on lease by Vicky Sharma, whose anticipatory bail petition - Interestingly, in his petition, Vicky Sharma had taken the stand that the entire racket was being run by the present petitioner without his f the bound to oversee its operations, it is highly unlikely that such activities were being conducted without his knowledge. The matter is still at the investigation stage, and the custodial interrogation of the he settled principle of MANJU 2025.09.16 10:41 I agree to specified portions of this document CRM-M-51547 law as held by the Hon’ble Supreme Court of India in case of Sharma,(1997) 7SCC 187 51547-2025 held by the Hon’ble Supreme Court of India in case of Sharma,(1997) 7SCC 187, the relevant extract is reprodu “We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation orientated than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would knows that he is well pr arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible Police Officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring would not conduct themselves as offenders. -3- held by the Hon’ble Supreme Court of India in case of CBI vs. Anil , the relevant extract is reproduced as under: We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation orientated than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this effective interrogation of suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre- arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person bjected to third degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible Police Officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring would not conduct themselves as offenders. - CBI vs. Anil We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation orientated than questioning a suspect who is well ensconced with a favourable order under Section 438 of effective interrogation of suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in elude if the suspected person - arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person bjected to third degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible Police Officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring would not conduct MANJU 2025.09.16 10:41 I agree to specified portions of this document CRM-M-51547 7. the custodial interrogation of the petitioner would be of grave importance, at this stage, to ensure end. 8. grant the extra ordinary concession of anticipatory bail to the petitioner, hence, the same is dismissed. September 12, 2025 manju Whether speaking/reasoned: Whether Reportable: 51547-2025 In light of the facts, circumstances and settled principle of law, the custodial interrogation of the petitioner would be of grave importance, at this stage, to ensure that the investigation in this case comes to its logical Accordingly, the Court does not find any reasonable ground to grant the extra ordinary concession of anticipatory bail to the petitioner, hence, the same is dismissed. September 12, 2025 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -4- In light of the facts, circumstances and settled principle of law, the custodial interrogation of the petitioner would be of grave importance, that the investigation in this case comes to its logical Accordingly, the Court does not find any reasonable ground to grant the extra ordinary concession of anticipatory bail to the petitioner, (ALOK JAIN) JUDGE - In light of the facts, circumstances and settled principle of law, the custodial interrogation of the petitioner would be of grave importance, Accordingly, the Court does not find any reasonable ground to grant the extra ordinary concession of anticipatory bail to the petitioner, MANJU 2025.09.16 10:41 I agree to specified portions of this document