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2025 DAILYLAW 8957 (UTT)

POOJA v. STATE OF UTTARAKHAND

BA1/1212/2025 · 2025-08-01

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6801 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 1212 of 2025 with BA1 No.1252 of 2025 BA1 No.1253 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the applicants. 2. Mr. G.S. Sandhu, learned AAG along with Mr. Sandeep Sharma, learned AGA for the State. 3. Present applicants–Smt. Pooja W/o Late Neeraj, Mrs. Vandana W/o Arvind and Mrs. Seema @ Simran W/o Late Banta, are praying for bail in relation first information report dated 27.06.2025 bearing FIR No.0422 of 2025, Police Station Kotwali Haridwar, District Haridwar, wherein all these three applicants along with one Anand Kumar Jha and Love Kush have been implicated for the offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956. 4. Learned counsel for the applicants argued that the present applicants are innocent and have been falsely implicated and no incriminating materials were recovered from them. 5. Learned counsel for the applicants also argued that the search and raid was not conducted as per Section 15(2) of the Act and all these three applicants have no previous criminal history. Apart from this, he submits that the two other co-accused, namely, Love Kush and Anand Kumar Jha were enlarged on bail by the trial Court. 6. Learned counsel for the applicants further argued that Anand Kumar Jha 2025:UHC:6801 was granted bail by the In-charge Sessions Judge, Haridwar pursuant to the order dated 26.07.2025 passed in Bail Application No.717 of 2025 and another co-accused, namely, Love Kush was granted bail by the learned Sessions Judge, Haridwar by order dated 18.07.2025 in Bail Application No.695 of 2025. 7. Mr. G.S. Sandhu, learned AAG argued that Love Kush was granted bail in the wrong premise by the learned Sessions Judge, Haridwar by giving reference of only Section 3 of the Act. 8. Mr. G.S. Sandhu, learned AAG for the State after gone through with this order dated 18.07.2025 submits that the conclusion as drawn is based upon only Section 3, but there is no any observation, conclusion and the finding in respect of Section 5 though the accused person Love Kush was made an accused for the offence punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956, Police Station Kotwali Haridwar. 9. Mr. G.S. Sandhu further submits that admittedly the another co-accused Anand Kumar Jha was enlarged on bail by the Incharge Sessions Judge, Haridwar by order dated 26.07.2025, therefore, on this account alone, these three applicants, who are, in fact, the women and two of them are the widows may be admitted to bail. 10. Be that as it may, admittedly, the two co-accused have been enlarged on bail but particularly in respect of other co- accused, namely, Akash Kumar Jha who was granted bail, this Court is of the view that the applicants, being women, also 2025:UHC:6801 deserve for bail. 11. Accordingly, without expressing any opinion on the merit of the case, all these three bail applications are allowed. 12. Let the applicants, namely, Pooja, Vandana and Seema alias Simran, be released on bail, on their executing a personal bond and furnishing two reliable sureties, each in the like amount, by each of them, to the satisfaction of the court concerned. 13. It is made clear that after being released on bail the applicants shall cooperate with the ongoing investigation and will not indulge in any such activities in future, failing which, the prosecution is directed to move application for cancelling the bail. (Rakesh Thapliyal, J.) 01.08.2025 R.Bisht 2025:UHC:6801