The Madhya Pradesh High Court has granted bail to a person accused under the Immoral Traffic (Prevention) Act, 1956 after he spent 39 days in jail.
The Counsel for the applicant contended that his client was not involved in any immoral activity and had gone to the spa centre only to get treatment for back pain. The applicant has been in custody since last 39 days. The investigation of the case is not proceeding because of the prevailing Covid-19 infection and the applicant is no longer required for the purpose of investigation. The applicant needs to be released on bail as he has to take care of his father, who is aged about 85 years.
The counsel for the State opposed the application for grant of bail by submitting that the applicant was found in objectionable position in the Spa centre.
An application for bail was made by the applicant under Section 439 Cr.P.C. for grant of bail during trial which provides special powers to High Court or Court of Session to grant bail. It states that a high court or sessions court can release any person accused of an offence on bail and also impose conditions based on which the order will be granted. The applicant is facing trial for offence punishable under Section 3, 4, 5, 6 & 7 of the Immoral Traffic (Prevention) Act, 1956.
Section 3 of the Immoral Traffic (Prevention) Act, 1956Act provides for punishment for keeping a brothel or allowing premises to be used as a brothel, and section 4 of the act provides for punishment for living on the earnings of prostitution.
The Court finding prima facie force in the submissions made by the counsel for applicant, directed that the applicant be released on bail. The applicant will have to furnish a personal bond in the sum of Rs.35,000 with one surety in the amount which satisfies the Trial Court for his appearance as and when directed.
-India Legal Bureau