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HARPREET SINGH BRAR
Sunil Kumar – Appellant
Versus
U. T. Chandigarh – Respondent
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
Bail was granted as the investigation was complete, no witnesses examined, and the petitioners had no control over hotel management.
The determination of culpability should be made during the trial, and further detention of the accused should serve a useful purpose.
The court's decision was primarily based on the lack of specific allegations against the petitioner despite the gravity of the offence and the presence of specific allegations against accused No.2.
The court emphasized that bail should not be denied without substantial evidence of interference with justice, allowing conditions to safeguard the process.
Bail can be granted in cases where allegations made against accused are not supported by any evidence.
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