Bail was granted as the investigation was complete, no witnesses examined, and the petitioners had no control over hotel management.

Judgment

Mr. Harpreet Singh Brar, J.

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.

3. 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 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.