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2009 Supreme(SC) 1355

S.B.SINHA, CYRIAC JOSEPH
Guria, Swayam Sevi Sansthan – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Appellant(s) :Ms. Aparna Bhat, p. Ramesh Kumar, Gopal Krishna, Ms. Madhulika Mohta, Advocates.
For the Respondent(s):S.R. Singh, Sr. Adv., Ms. Sunita Gautam, Shrish Kr. Mishra, Pramod Swarup, Ms. Pooja, Ms. Pareena Swarup, B.D. Jha, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Appellant is a Non-Governmental Organization. It came to learn that some children had been detained in the ‘red light area’ at Varanasi. It approached the police for their rescue. More than thirty young girls and children were rescued. A complaint was filed by the appellant in respect thereof.

3. The investigating officer recorded the statement of the girls and on the basis thereof came to the conclusion that many more persons were involved in the racket. Some of them were arrested.

4. The Investigating Officer upon completion of the investigation filed a charge sheet under Sections 5, 6 and 9 of the Immoral Traffic (Prevention) Act, 1956 (for short “the Act”) and Sections 323, 504, 506, 117, 366-A and 373 of the Indian Penal Code against 23 persons. Another charge sheet was filed under Sections 3, 5, 6, 7 and 9 of the Act and Sections 323, 504 and 506 of the Indian Penal Code against 13 persons.

5. The respondents who were not named in the First Information Report filed applications for grant of bail before the learned Sessions Judge. The said bail applications were opposed by the Assistant District Government Counsel contending that t















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