The absence of evidence of sexual acts and the lack of involvement of the customers or girls in such acts were crucial in the court's decision to grant bail.

This is an application for bail moved on behalf of the applicant Ram Baboo indicted in case crime No. 148 of 2006 under Sections 3/4/5/6/7 of Immoral Traffic (Prevention) Act, 1956, P. S. Gandhi Park District Aligarh.

2. Heard Shri Kuldeep Saxena, learned Counsel for the applicant, learned A. G. A. and have perused the record.

3. The learned Counsel for the applicant submitted that Jaiveer, Meena and Km. Suman are the tenants of the applicant whereas Arvind is a petty shopkeeper. The learned Counsel submitted that all of them assembled at the residence of the applicant in connection with the settlement of the marriage of Km. Suman. The learned Counsel submitted that applicant has been falsely implicated. According to learned Counsel the compliance of Section 15 (3) of the Act was not made at the time of search. The learned Counsel pointed out that none of them are found involved in sexual act.

4. The learned A. G. A. argued that applicant and co-accused were arrested at the spot. The recovery of cash of Rs. 800/- was made from the possession of the applicant and girls.

5. I have taken into consideration the submissions advanced on behalf of both the parties.

6. The offences are triable by the Magistrate Ist class. None of the customers or girls were found involved in sexual act. In view of these facts, I consider it to be a fit case for bail.

7. Let the applicant Ram Baboo indicted in case crime No. 148 of 2006 under Sections 3/4/5/6/7 of Immoral Traffic (Prevention) Act, 1956, P. S. Gandhi Park District Aligarh, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.

Bail application allowed.

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