Mayur vs State Of M.P

Vivek Rusia, J

This is First application filed under section 439 Cr.P.C seeking bail in connection with Crime No.45/2021 registered at police station Mahila Thana Indore, District Indore for the offence punishable under section 3, 4, 5, and 6 of Immoral Traffic Act.

As per prosecution case, the police have conducted a raid on 23.02.2021 at Atoms Salon Spa and Skin Clinic and found immoral activities under the garb of Spa. Police arrested the applicant, who was found sitting near the counter of Spa. Police recovered Rs. 2000/- and mobile phone from the possession of the applicant. Accordingly, the above case has been registered against him.

Learned counsel for the applicant submits that applicant is web designer/creator and he has designed the website of Atoms Salon Spa and Skin Clinic, therefore, in connection of his work, he was present there but not as a customer. The applicant has filed document to show that he is doing same work for the other customers, thus he has falsely been implicated in this case. In addition, he submits that the offence under Section 3, 4, 5, and 6 of Immoral Traffic Act are not made out against the customer. The applicant is in custody since 23.02.2021. Conclusion of trial will take sufficient long time. Hence, he may be released on bail.

Learned Panel Lawyer for the respondent/State opposes the bail application by submitting that the applicant is named in the FIR and found on the spot. Investigation is pending. Therefore, he prays for rejection of bail application.

Case-diary perused.

Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

Before releasing the applicant from the custody the jail authorities are directed to medically examine in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.