Punjab-Haryana High Court
Sunil Kumar And Anr vs Ut Chandigarh on 20 November, 2023
REENA
2023:PHHC:146970
215
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-57345-2023
Date of decision:- 20.11.2023
Sunil Kumar and another
...Petitioners
Versus
U.T. Chandigarh
...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: | Mr. Naresh Chander, Advocate with
Mr. Kripal Singh, Advocate for the petitioners.
Mr. Manish Bansal, Public Prosecutor with
Mr. Navjit Singh, Advocate for U.T. Chandigarh
HARPREET SINGH BRAR, J. (Oral)
1. Prayer in the present petition is made for grant of regular bail in case
FIR No. 264 dated 20.08.2023 registered under Section 370, 370-A, 120-B of the
Indian Penal Code, 1860 at Police Station Sector-36, Chandigarh.
2. The present FIR was registered on the allegations that the
Investigating Agency received a secret information that one person namely Raj
who is running a hotel Maan in village Kajheri Chandigarh brings girls from other
states to Chandigarh and involved them in prostitution and on the secret
information the WCHL team was called and raid was conducted at Hotel Maan and
on checking one girl was recovered from Room No. 201 on first floor who stated
that she is from Jabalpur, Madhya Pradesh and Raj (owner of hotel), Jasbir, Brijesh
(Cook) and Sunil (Hotel Manager) bring girls on the pretext of work and get them
involved in prostitution.
2. Learned counsel for the petitioners inter alia contends that the
petitioners are only employees of the hotel and they are working as Cook and
Manager and have absolutely no concern or control over the management
of the hotel. The alleged victim who has been found present in the hotel at the
2023.11.20 19:05
| attest to the accuracy and
integrity of this order/ judgment
Chandigarh
REENA
2023.11.20 19:05
2023:PHHC:146970
appropriate time has denied for getting herself medically examined. As such the
case set up against the petitioners would be of no consequence in the absence of
any credible evidence.
3. Per contra learned State counsel has opposed the grant of regular bail
on the ground that the petitioners even while in custody are trying to influence the
witnesses which is evident from the affidavit dated 08.09.2023 given by the alleged
rescued victim annexed with the petition as Annexure P-3.
4. Having heard learned counsel for the parties and after perusing the
record of the case with their able assistance, it transpires that the petitioners are
behind bars since 20.08.2023 and the investigation is complete. The final report
under Section 173 Cr.P.C. stands submitted before the trial Court on 19.10.2023
and there are 13 PWs and not even a single witness has been examined so far.
5. Without commenting upon the merits of the case, lest it may prejudice
the outcome of the trial, this Court is inclined to allow the present petition.
6. Accordingly, the petition is allowed. The petitioners are ordered to be
released on regular bail, subject to their furnishing bail/surety bonds to the
satisfaction of the CJM/Duty Magistrate concerned.
7. It is made clear that in case the petitioners are found influencing the
witnesses, the State shall be at liberty to seek cancellation of bail granted to the
petitioners.
8. Nothing observed hereinabove shall be construed as expression of
opinion of this Court on merits of the case and the trial Court shall proceed without
being prejudiced by observations of this Court.
(HARPREET SINGH BRAR)
November 20, 2023 JUDGE
reena
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
| attest to the accuracy and
integrity of this order/ judgment
Chandigarh
