In the High Court for the States of Pun jab and Haryana at Chandigarh. CRM.M 16800 of 2009 Decided on July 07,2009. Smt.Bina Sharma -- Petitioner vs. State of Haryana --Respondent. Present: Mr. Vinod S.Bhardwaj, Advocate,for the petitioner Mr.Partap Singh,Sr.DAG,Haryana. Rakesh Kumar Jain, J: Apprehending her arrest,the petitioner has filed this application for anticipatory bail in a case registered vide FIR No. 271 dated 08.6.2009 under Sections 3,4,5,7 and 8 of the Immoral Traffic (Prevention) Act, 1956 and 120-B of I.P.C. at Police Station, Sector 5 Panchkula. In short, the petitioner has been booked in the aforesaid case on the following allegations:- “Stated by Gaurav Garg son of late Surender Chand Garg, resident of H.No.151, Subhash Colony,Ambala Cantt, aged 24 years. Stated that I am working as a Reporter in India News Channel and I am on special duty with Amit Arya (Desk Incharge) and Yograj Sharma (Assignment Incharge) Okhla Mandi,New Delhi. Both the aforesaid persons are senior officers of the India News Channel. They had deputed me for the sting operation which I have conducted today with Simaran (Driver) and Ankur Kapoor (Camera Man) at Alicia Sap + Center, SCO No.12, Sector-5, Panchkula. In view of the scheme adopted by me I reached IIIrd floor of Alicia Sap where I met with a person named Lucky, who was the Manager of the said place. He told me that apart from Masaj Parlour there are other CRM.M 16800 of 2009 -2- facilities also available. He further told me that if you want to enjoy then you will have to wait for some time. In the evening at about 5.00 P.M. Lucky showed me 6,7 girls to which he introduced me to a girl name Mani and told her to go inside the room along with me. Mani took me to a room and collected Rs.1200/- and she did not give any receipt of the same. She removed my clothes and later removed her shirt top. She was wearing only a bra and after removing all my clothes gave me a towel to wear. She also removed my underwear and later on applied oil to my private parts and masazed them. She told me that all this is necessary for body Masaz. She masazed me for around 45 minutes and while she was masazing my private parts there occurred a discharge from them. She also told me that if I want to have sex, I need to pay Rs.500/-extra and she would send another girl. I had implanted a camera in my watch to cover all the activity, which was being recorded in the video. Then I have refused to have a sex with Mani. When I came out at the reception then Satpal Kaur and Lucky Manager were present there. Then both of them told me that the payment of Rs.1200/- paid to Mani was only a tip and the payment of Rs.5000/- is balanced. If you do not pay the amount of Rs.5000/- then we will teach you a lesson. Apart from them, the other 5 to 6 other girls were also sitting there. In the meantime, Lucky has called 5 and 6 boys to go upstairs. That the whole business is conducted on the behest of Bina Sharma, who is the owner of Alicia Spa. That the whole work of prostitution is being conducted in the shelter of body massage. The whole work is running in the connivance of all. Then I gave an information to the police from my mobile 9416541505 at 6.20 PM to the police control CRM.M 16800 of 2009 -3- room, Sector-5, Panchkula. Thereafter, I again called at 6.25.PM on telephone No.100 for sending the PCR vehicle. After sometime, the police reached there. The names of the girls sitting there Gurpreet @ Parmjeet Kaur, Jaswinder Kaur, Pinky and boy Sunni. I will produce the CD later on. Statement is recorded and heard true and correct. Sd/- Gaurav Garg. Attested Baljit Singh, Inspector/SHO,Sector-5, Panchkula dated 8.6.2009.” Before coming to this court, the petitioner had applied for anticipatory bail before the learned Sessions Judge, Panchkula vide bail application No. 105 dated 16.6.2009, which has been dismissed on 18.6.2009. Learned counsel for the petitioner argued that the petitioner only owns said Spa and had no knowledge about the activities other than massage being carried on. It is also submitted that even if the allegations made in the FIR are taken on its face value, the offence, if any, has been committed by the Manager. On the other hand, learned State Counsel has argued that the petitioner is the main culprit behind these immoral activities as has been disclosed by the complainant in his statement. Even if that statement, for the sake of argument is not taken into consideration, it is not believable that such a huge racket of prostitution is being run in the Spa Centre, of which the petitioner is the owner, without her knowledge and connivance. Therefore, keeping in view the nature of offence, I do not find it to be a fit case for grant of anticipatory bail. Hence, the bail application is hereby dismissed. July 07,2009 (Rakesh Kumar Jain) RR Judge