Bail denied in immoral trafficking case involving inducement to prostitution via job pretext, marked currency recovery, and rescued statements; offence's gravity, repetition risk, and witness tampering outweigh liberty claims.

JUDGMENT :

RAKESH KAINTHLA, J.

1. Since both these petitions arise from a common FIR and common questions of fact and law are involved in both the petitions, hence they are being disposed of by a common order.

2. The petitioners have filed the present petitions for seeking regular bail in FIR No. 209 of 2025, dated 22.12.2025, registered for the commission of offences punishable under Section 143 (3) of the Bharatiya Nyaya Sanhita (BNS) and Sections 4 & 5 of the Prevention of Immoral Trafficking Act at Police Station Manali, District Kullu, H.P.

2.1 It has been asserted that, as per the prosecution, the police were on patrolling duty on 21.12.2025. They received a secret information at Rambag that some persons were involved in immoral trafficking. The information was conveyed to the police station, and the police officials were instructed to report to the traffic office Rambag in civil clothes. Police associated independent witnesses Sunita Sharma and Rohit Kumar. The police registered the FIR and investigated the matter. The petitioners are working as Safai Karamchari, and they were falsely implicated. They have minor children, and there is no one to lookafter them. The investigation is complete. The petitioners are permanent residents of Phagwara, Tehsil Kapurthala, Punjab, and there is no chance of their absconding. The petitioners would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petitions be allowed and the petitioners be released on bail.

3. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 22.12.2025. They received secret information that some sex workers were operating at Mall Road, Manali, and Bus-stand Manali. Vishwa Dev and Suraj assisted them. Sandeep Kuar, Kavita Khatoon and Santosh were bringing girls on the pretext of getting them house cleaning jobs. However, they were being forced into prostitution. The information was credible. 4-5 officials were called in civil dress. Sunita Sharma, Vice President, M.C. Manali and Rohit Kumar were associated as independent witnesses. A rukka was prepared. Rs.5000/- was taken out by the Inspector. Rs.2500/- were handed over to C. Sunil Mahant, and Rs. 2500/- were handed over to C. Mohan. The details of these currency notes were reduced to writing. They were asked to visit the spot and procure the services by paying money. They were also asked to inform the Inspector by missed call in case money was accepted. A missed call was made by C. Mohan at 1.40. The location was also shared. The police reached the spot and found 7 women and two men. The police apprehended them. They revealed their names as Santosh, Kavita Khatoon, Sandeep Kaur, R, A, F, S, Vishwa Dev and Suraj. R, A, F and S revealed that they were brought by Santosh, Kavita Khatoon and Sandeep Kaur with a promise to get them engaged as household help. However, they were forced into prostitution with the help of Vishwa Dev and Suraj. Two currency notes of Rs.500/- each were found in possession of Santosh, Sandeep, Kavita, Vishwa Dev, and Suraj. Their serial numbers tallied with the currency notes handed over by the Inspector. The police arrested Sandeep Kaur, Kavtia Khatoon, Vishwa Dev and Suraj. The girls rescued by the police were handed over to their relatives. The challan has been prepared and is being checked by the Public Prosecutor. The petitioners had forced the innocent girls into prostitution. They would indulge in similar offences if released on bail. Hence, the status report.

4. I have heard Mr. Bimal G