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2025 DAILYLAW 24457 (ALL)

NARGIS BANO v. STATE OF U.P.

BAIL/7333/2025 · 2025-08-05

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133376 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7333 of 2025 Applicant :- Nargis Bano Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant- accused Nargis Bano for the offence punishable under Sections 318(4), 351(2) of B.N.S. & Section 3, 4, 5, 7 of Immoral Traffic (Prevention) Act, in Case Crime No.25 of 2025, Police Station- Civil Lines, District Muzaffar Nagar. 2. Sri Ajay Kumar Mishra, learned advocate appeared for the applicant and submits that the applicant is merely a receptionist in the Goldi Spa Parlour has been arrested by the police on the pretext of sex racket in the Spa Centre. The FIR has been registered by the police personnel. The arrest and recovery has been made in absence of independent witness. The girls, who have been apprehended at the place of Spa Centre, have made specific mention that they are not indulge in such racket. The charge sheet has been submitted. The applicant is languishing in jail since January, 2025. As such, he prays that the accused/applicant be enlarged on bail. 3. Per contra, learned A.G.A. has opposed the bail application and submits that the accused is having a specific role. The raid has been conducted on the basis of tip off. Three girls recovered from the Spa Centre has specifically made accused. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The perusal of the record prima facie reveals that the alleged Spa Centre has been raided by the police, which is shown running in the second floor of the shopping Centre. The raid has been conducted on the basis of tip off. The statement of victims girls, who were allegedly working in the Spa Centre has specifically stated that the accused-applicant has not indulged them in this racket. The accused applicant is in jail since January, 2025. The charge sheet has been submitted in this matter. 6. Hence, without touching merit of the case, the bail application is allowed. 7. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 8. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 6.8.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad