Allahabad High Court grants bail to man accused under Immoral Traffic Act

The Allahabad High Court has granted bail to Om Prakash alias Joney, an accused under the Immoral Traffic (Prevention) Act.

A single-judge bench of Justice Deepak Verma passed this order while hearing a Criminal Misc Bail Application filed by Om Prakash @Joney.

The bail application has been filed with a prayer to release the applicant on bail in Case registered under Sections 372, 373 of IPC and Sections 3, 4, 5, 6, 7, 9 of Immoral Traffic (Prevention) Act, Police Station Maduadeeh, District Varanasi, during pendency of trial.

It is argued by the counsel for the applicant that the applicant was not named in the FIR and chargesheet was not submitted against the applicant.

During trial, informant has stated the name of the applicant then Section 319 CrPC application was moved but the same was rejected on 07.01.2012.

Thereafter, the Magistrate directed for further investigation and the Inquiry Officer submitted chargesheet against the applicant on 17.07.2020. The applicant is languishing in jail since 02.07.2020. On 20.10.2020, Trial Court has framed charges against the applicant under Section 373 CrPC and Sections 3, 4, 5, 67 and 9 of Immoral Traffic (Prevention) Act.

From perusal of order-sheet, it is clear that since 20.10.2020 to 08.12.2022, no prosecution evidence has been produced nor examined and the applicant is in jail for more than two years.

Counsel for the applicant further argued that Trial Court convicted the main accused and named accused and thereafter, appeal was filed before the High Court but the same was dismissed/rejected. Thereafter, Special Leave Petition (Criminal) filed before the Apex Court, the same is pending for consideration.

The counsel for the applicant also argued that on account of trial court judgement convicting the other accused persons, the applicant should not be kept behind bar as the applicant was not named in the FIR and no allegation against the applicant till the submission of first chargesheet.

The counsel for the applicant next submitted that the applicant is innocent and has been falsely implicated in the case due to ulterior motive. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

The AGA and the counsel for the informant opposed the bail prayer of the applicant and argued that the applicant has criminal history and the applicant is main accused, he should not be released on bail.

“Considered the arguments raised by parties, it is evident from perusal of record that prosecution has not produced any evidence after framing of charges. Prosecution is delaying trial. Applicant should be released on bail.

Considering the entire facts and circumstances of the case, submissions of counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs C.B.I & Another, the Court is of the view that the applicant has made out a case for bail,” the Court observed while allowing the bail application.

The Court ordered let the applicant Om Prakash alias Joney, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.