S.B.CR. MISC. IIND BAIL APPL.NO.7829/2008 KUMARI PRIYA ANAD ORS. VS. STATE. S.B.CR.MISC. IIND BAIL APPL.NO.0566/2008 KUMARI PRIYA AND ORS. VS. STATE S.B.CR. MISC. IIND BAIL APPL.NO.7828/2008 SMT. SONU SHEIKH VS. STATE S.B.CR.MISC IIND BAIL APPL.NO.8081/2008 RAJENDRA AGARWAL VS. STATE 19.12.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ali Mohd. Khan Mr. Nawab Ali Rathore) Mr. Gurvindra Singh ), for the petitioners. Mr. BS Chhaba, Public Prosecutor for the State. Since these four bail petitions submitted on behalf of the accused petitioners Kr. Priya, Smt. Jyoti, Smt. Sonu Sheikh and Rajendra Agarwal pertain to and arise out of one FIR No. 33/2008 of Police Station Muhana, District Jaipur, registered in the offences under Section 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956, they are being disposed of by this common order. Heard the learned counsel for the petitioners as also the learned Public Prosecutor appearing for the State and scanned the material available on record including the bail order dt. 26.9.2008 rendered by the Sessions Judge, Jaipur District, Jaipur. The learned counsel for the petitioners have contended that they have been falsely implicated in this case. They were arrested on 20th September, 2008 and since then they have been in custody. On completion of investigation, a police report under Section 173(2) of Cr.P.C. has been filed by police in the Court. Apart, the co-accused persons Rajkumar and Rajesh Agarwwal have been granted indulgence of bail by this Court and the accused Prem Singh @ Vikram has been bailed out by the Coordinate Bench. The case of the accused petitioners is similar to -2- those of the co-accused persons who have already been granted indulgence of bail by the High Court. Hence, on similar grounds they may also be granted bail in this case. The learned Public Prosecutor has vociferously opposed the bail petitions primarily on the ground that the accused Rajendra Agarwal has been involved in about 10-15 different cases in different courts and many cases have been registered against him of alike nature in different Police Stations. So far as the other persons are concerned, they belonged to separate castes and were found in one house carrying on immoral activity. Under these circumstances, the accused persons do not deserve bail and the bail petition may be dismissed. Having reflected over the submissions made at the bar and scanned the bail order dated 26th September, 2008 rendered by the Sessions Judge, Jaipur District, Jaipur, it is found that the accused Rajendra Agarwal has been involved in as many as 17 cases of alike nature. The learned Sessions Judge has incorporated the numbers of FIRs of all those cases in his bail order. Thus, without expressing any opinion on the merits of the case but looking to the number of cases pending against him and his antecedents, I do not feel inclined to grant bail to the accused Rajendra Agarwal and his bail petition deserves to be dismissed. So far as other accused persons are concerned, their case is found similar to that of co-accused Prem Singh @ Vikram, Rajkumar and Rajesh Agarwal. They have already been enlarged on bail by this Court. Hence, these three accused persons namely Kr. Priya, Smt. Jyoti and Smt. Sonu Sheikh deserve to be enlarged on bail. In the result, the second bail petition filed on behalf of the accused Rajendra Agarwal also stands dismissed. -3- The bail petition filed on behalf of the accused petitioners namely Kr. Priya, Smt. Jyoti and Smt. Sonu Sheikh is allowed and it is, therefore, ordered that the accused petitioners namely Kumari Priya D/o Pintu, Smt. Jyoti W/o Gauri Shankar and Smt. Sonu Sheikh @ Munni W/o Abdul Sheikh, shall be released on bail on furnishing their personal bond of Rs.1,00,000/- (Rs.one lac) together with two surety bonds each of Rs.50,000/- to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. PCG