JUDGMENT :

1. By means of this application, applicant, who is involved in Case Crime No. 144 of 2021, under Sections 370-A(2), 376D, 342, 34, 506,IPC, Sections 3, 4, 5, 6, 7(1)(a), 7(2)(b), The Immoral Traffic (Prevention) Act 1956 and Section 5/6 Protection of Children from Sexual Offences Act, police station Sector 24 NOIDA, district Gautam Budh Nagar, seeks enlargement on bail during the pendency of trial.

2. As per the prosecution case, in brief, first information report has been lodged on 28.02.2021 by Sub-Inspector Manoj Kumar in respect of occurrence, which took place on 27.02.2021 for the offence under sections 370-A (2), 376, 342, 34, 506 IPC, sections 3, 4, 5, 6, 7(1)(a), 7(2)(b), The Immoral Traffic (Prevention) Act 1956 and section 3/4 of Protection of Children from Sexual Offences Act, against seven accused persons, namely, Vishal Kamboj, Vipul alias Mitthu, Rajan Shah alias Rajan Gupta, Rizwan, Dayal, Sumit Kumar and Akash (applicant), alleging inter alia that on the information received from the informer that prostitution is being done by taking three girls hostages in a building situated at I-24 Sector 12 NOIDA, which was used as Hotel/Guest House, a raid was conducted by joint team of police force and Anti-Human Traffic Unit. The F.I.R. further alleges that accused persons, Vishal Kamboj, Vipul alias Mitthu, Rajan Shah alias Rajan Gupta, Rizwan, Dayal, Sumit Kumar and Akash have been arrested from the place of occurrence and four girls have been freed from their captivity, who have stated before the police that the accused persons were forcibly indulged them in the prostitution and also committed rape upon them. The accused persons have disclosed that the owner of the building is one Kirti Trivedi. The accused persons have stated before the police that they have indulged in the activities of forcible prostitution done by aforesaid four girls in the said building. The recovered materials from the rooms of the alleged building, were sealed and arrest memo of the accused persons was prepared by the police at the spot. The aforesaid four victims after conducting medical examination were sent to Women Rehabilitation Centre.

3. Heard learned counsel for the applicant, Mr.Virendra Kumar Maurya learned Additional Government Advocate assisted by Mr. Rajmani Yadav, learned Brief Holder representing the State and perused the material placed on record.

4. It is argued by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that applicant has started doing job in the said building/guest house prior to one week of the alleged occurrence. He does not have any knowledge that in the said building the girls have been forcefully indulged in doing prostitution by the other accused persons. The allegation of committing rape upon the victims is false. The victims in their statements did not make allegation of forceful rape against the applicant. Other co-accused of this case are main accused and his case stands at a different pedestal. There is no recovery from the possession of the applicant. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 28.02.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

5. Per contra, learned Additional Government Advocate vehemently has opposed the bail prayer of the applicant by contending that :-

(i). on a raid conducted by joint team of police force and Anti-Human Traffic Unit, all the seven accused persons including the applicant were apprehended along-with four girls/victims from the aforesaid build