CRM-M-32310-2011 [ 1 ] CRM-M-34347-2011 (O&M) CRM-M-32745-2011 :::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) CRM-M-32310-2011 Date of decision:05.12.2011 Jagdish Kumar ...Petitioner Versus State of Haryana ...Respondent (2) CRM-M-34347-2011 (O&M) Date of decision:05.12.2011 Sunita Pandey ...Petitioner Versus State of Haryana ...Respondent (3) CRM-M-32745-2011 Date of decision:05.12.2011 Roshni and another ...Petitioners Versus State of Haryana ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN (ORAL) Present: Mr. Ranjan Lakhanpal, Advocate, for the petitioner in CRM-M-32310-2011. Mr. R.S.Mamli, Advocate, for the petitioner(s) in CRM-M-34347-2011 and CRM-M-32745-2011. Mr. Sagar Deswal, AAG, Haryana. ***** CRM-M-32310-2011 [ 2 ] CRM-M-34347-2011 (O&M) CRM-M-32745-2011 :::::::: Rakesh Kumar Jain, J. (Oral) This order shall dispose of three petitions bearing CRM-M-32310-2011 titled as 'Jagdish Kumar Vs. State of Haryana' [for short “first petition”], CRM-M-34347-2011 titled as `Sunita Pandey Vs. State of Haryana' [for short “second petition”] and CRM-M-32745-2011 titled as `Roshni and another Vs. State of Haryana' [for short “third petition”] in which the petitioner(s) have prayed for grant of regular bail in a pending trial case registered vide FIR No.434 dated 10.08.2011, under Sections 420, 473, 120-B, 180, 467, 471, 468 of IPC and Sections 3, 4, 5, 6, 7 of the Immoral Traffic (Prevention) Act, 1956 [for short “the Act”] at Police Station City, Thanesar, District Kurukshetra. As per FIR, the allegations are that one Nisha Talwar was running a brothel in the area of Krishna Nagar, Gamdi, Kurukshetra. The police sent ASI Ashok Kumar and ASI Kapil Dev as decoy customers. On their signal, the premises was raided and besides others, Jagdish Kumar (petitioner in the first petition), Sunita Pandey (petitioner in the second petition), Roshni and Chhukki (petitioners in the third petition) were arrested. All of them are in custody since 10.08.2011. Shri Ranjan Lakhanpal, learned counsel appearing on behalf the petitioner in the first petition, has argued that the petitioner is not involved in flesh trade which is allegedly being run by Nisha Talwar as he had already filed a divorce petition on 03.08.2011 against her, which is now pending before the learned Additional District Judge, Kurukshetra. He further submits that except for his presence at the alleged premises, no other allegation is made out against him. Shri R.S.Mamli, learned counsel appearing on behalf of the petitioner(s) in the second and third petition, has submitted that from Sunita Pandey, the petitioner in the second petition, a sum of `1,000/- is alleged to have been recovered against whom, at the most, offence under Section 4 of the Act is made out for which the maximum punishment is two years with fine. He further submits that nothing CRM-M-32310-2011 [ 3 ] CRM-M-34347-2011 (O&M) CRM-M-32745-2011 :::::::: has been recovered from Roshni and Chhukki (petitioners in the third petition) as they were allegedly found siting in the said premises. Both the learned counsel for the petitioner(s) submit that the petitioner(s) are neither the previous convicts nor any other case is pending against them. It is also submitted that the challan has already been presented and the main accused Nisha Talwar is in custody. Learned State Counsel has though opposed the bail applications vehemently but he could not find fault with the submissions made by learned counsel for the petitioners. Keeping in view the facts and circumstances of the case, but without making any observation on the merits, all the three petitions are allowed and the petitioner(s) are ordered to be released on bail on their furnishing bail bonds to the satisfaction of the learned Trial Court. A photocopy of this order be placed on the file of other connected cases. December 05, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE