Bittu Choudhari vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Bittu Choudhari, who is in judicial custody in Case Crime No.1086 of 2022, under Sections 3, 4, 5, 6, 7 of Immoral Traffic (Prevention) Act 1956, and 370 A (2) of I.P.C., Police Station Bhagwanpur, District Haridwar has sought his release on bail.

Heard learned counsel for the parties and perused the record available on file.

Learned counsel for the applicant accused would submit that applicant is an innocent person; that, there is no other evidence whatsoever against the applicant/accused except the statement of the co-accused; that, he has no previous criminal history; that, he is innocent and has falsely been implicated in the instant crime, therefore, no purpose would be served by keeping the applicant behind the bars as the trial is likely to take long time. He would further submit that the co-accused Shiva with similar role has already been granted bail by this Court vide order dated 03.05.2023.

Mr. S.S. Adhikari, Deputy A.G. for the State vehemently opposed the bail application and submits that the applicant is owner of the premises of the Spa Center, and there is statement of the co-accused (girl) that he was called by the owner, however, he admitted at Bar that the statement of the co-accused is not admissible as per law against accused persons. He also admitted that the co-accused with similar role has already been granted bail by this Court vide order dated 03.05.2023.

In view of the above, without expressing any opinion on the final merits of the case this Court is of the view that it is a fit case for bail and the applicant deserves to be enlarged on bail.

Accordingly, the bail application is allowed.

Let the applicant be released on bail, on furnishing bail bond with two sureties in the amount of Rs. 50,000/- and personal bond of the like amount to the satisfaction of the court concerned.