JUDGMENT :

Mahabir Singh Sindhu, J.

Present second petition has been filed under Section 439 of Code of Criminal Procedure, 1973 for seeking bail pending trial in FIR No.184 dated 12.07.2023 registered under Sections 3, 4, 5, 6, 7 of Immoral Prevention Trafficking Act, 1956 (for short 'Act') and Section 370 and 120-B IPC, at Police Station, Sector 36, Chandigarh.

2. Status report dated 03.07.2024 by way of affidavit of Sh. Charanjit Singh Virk, SDPO South West UT Chandigarh filed on behalf of respondent-UT-Chd. is taken on record. Registry to tag the same at appropriate place.

3. Aforesaid FIR was registered on the basis of secret information received by DSP Charanjit Singh Virk, S.D.P.O. (South West), U.T. Chandigarh and translated version of the same, as appended with the petition, reads as under:-

'Sir, it is requested that today I, DSP with my personnel staff was present in area of Police Station Sector-35/C, CHD for checking. When we reached near KFC Market, Sector-35, CHD, suddenly & coincidently, Inspector Om Parkash SHO PS-36, SI Naveen Kumar I/C 43, L/SI Asha along with Sr. L/C Manpreet Kaur 3411/CP, L/C Shalinee 4503 /CP, C Sunil 4901/CP, C Hansraj 3994/CP, C Sandeep 4974/CP, C Narender 6641/CP met us. When I, DSP was just inquiring from the said employees, suddenly & coincidentally at around 07:30 PM, one secret informer met us and informed that Ganga Spa SCO No. 437/438 owned by Charles, Mobile No.9779508810 & 9815463629, is running a Brothel in the name of Ganga Spa along with his managers Shally and Gaurav and they provide girls for wrong work / sex in the name of massage to their customers. The girls live in the Spa Centre and charge Rs. 2,000/- per customer and earn their livelihood with this money. If search is conducted, they can be apprehended. Believing the information to be true, I, DSP requested the passerby to join as independent witnesses, but they left the spot without disclosing their names or addresses. Thereafter, I, DSP instructed to call the Women help line team to Ganga Spa. Then I, DSP nominated C Sandeep 4974/CP as and C Hansraj 3994/CP who were already in civil dress as shadow witness. Then I DSP conducted a search of the bogus customer C Sandeep, from whom nothing objectionable was recovered. After conducting search, memos were prepared and signatures of witnesses were obtained. Then I, DSP took out four notes of the denomination of 500 rupees (Indian currency note) numbers (1) 4ME201572 (2) 4EE143788 (3) 2UD701880 (4) 1DM015265 from my pocket and handed them over to C Sandeep, bogus customer. Signature of witnesses were taken while preparing memo and instructions were also given to C Hansraj who is Shadow Witness to go to the Spa Centre with the bogus customer C Sandeep and after making payment, when their deal will be final, to make a gesture from suitable distance for the raiding party i.e. turn his right hand over his head. Accordingly, the bogus customer and shadow witness left for Ganga Spa Centre and raiding party along with myself started waiting for the signal of Shadow Witness from a suitable distance. Around 08.00 P.M. when Shadow witness C. Hansraj made the gesture, on which I, DSP along with raiding party left for Ganga Spa Centre, SCO No. 437/438, Sector- 35, Chandigarh and when we reached there a woman including bogus customer and a person who introduced herself as Kimlia @ Shally D/o Lalal R/o H.No. 764, Sector-77 Mohali, PB Age-27 Years and Gaurav S/o Satish Kumar R/o H.No. 2370, Sector-25/D, CHD Age-21 years. Then bogus customer told me that this boy Gaurav had struck the deal in Rs.2000 and showed 5 girls inside a room for having sex and Gaurav kept Rs.1000 out of Rs.2000 with him and gave rest of the amount to manager Shally, on which I, DSP searched Gaurav's clothes, through C. Sunil 4901/CP. On search, two Rs.500 notes numbered (1) 2UD701880 (2) 4EE143788 were recovered from right pocket of pants worn by Gaurav, which are the same numbered notes that I, DSP had given to the b