Neutral Citation No. - 2025:AHC:52534 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11672 of 2025 Applicant :- Dasrath Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Vikas Tiwari, learned counsel for the applicant, Sri Arimardhan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Dasrath Kushwaha, seeking enlargement on bail in Case Crime No. 81 of 2025, under Sections 03, 04, 05, 07 of Immoral Traffic (Prevention) Act, 1956, Police Station- Seepri Bazar, District- Jhansi. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 28.02.2025. Learned counsel for the applicant submits that the applicant is neither owner of the hotel nor they have arrested from the hotel rooms. The applicant was customer. In order to buttress his submissions, learned counsel for the applicant has placed reliance upon judgment rendered by Coordinate Bench of this Court in the case of Vipul Kohli vs. State of U.P. and 2 Others, passed in Application U/S 528 BNSS No. 8170 of 2025. Para 6 and 8 of the said judgment is quoted as hereunder: "6. The applicant's counsel relies on the judgment dated 22.02.2024, passed by a coordinate Bench of this Court in Application u/s 482 No. 9161 of 2023, to argue that the applicant's case does not fall within the definitions under the Act, nor do the ingredients of Section 5 attracts to the role assigned to the applicant. He argues that the coordinate Bench of this Court and various High Courts have consistently ruled that the definitions of "prostitution" and the ingredients of Section 5 of the Immoral Traffic (Prevention) Act, 1956, as well as Section 8, do not apply to customers. 8. After considering the arguments of both parties, the record, and particularly the judgment cited by the applicant's counsel, along with the consistent rulings of other High Courts, it is observed that even if the applicant's alleged involvement are taken as true, the ingredients of Section 370 of I.P.C. read with Sections 3, 4, 5 & 6 of the Immoral Traffic (Prevention) Act, 1956 Act are not attracted qua applicant. It's prosecution's case that the applicant was found involved consensually with one of the women at the spa, having paid for the services. Therefore, the proceedings against the applicant are unsustainable in law. Moreover, the lady with whom the applicant has been alleged to have found involved is neither the complainant nor a police witness, therefore, the chances of conviction are also bleak." Learned counsel for the applicant further submits that nothing incriminating has been recovered from the possession of the applicant. He has five cases of criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Dasrath Kushwaha involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the Court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 10.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad