Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33343 of 2022

Applicant :- Zahid Husain

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Mohit Singh,Dileep Kumar Shukla

Counsel for Opposite Party :- G.A.,Amit Kumar Pandey

Hon'ble Sanjay Kumar Singh,J.

Supplementary affidavit dated 10.01.2023 on behalf

of the applicant, is taken on record.

Heard learned counsel for the applicant, learned

Additional Government Advocate representing the

State and learned counsel appearing on behalf of the

first informant / complainant.

By means of this application under Section 439 of

Cr.P.C., applicant Zahid Husain, who is involved in

Case Crime No. 430 of 2022, under Sections 363,

366-A, 370, 372, 376-D/34 IPC, Sections 5/6 of

POCSO Act, Sections 3/4/5/6 Immoral Traffic

(Prevention) Act and Section 75 Juvenile Justice Act,

police station Majhola, district Moradabad, seeks

enlargement on bail during the pendency of trial.

As per prosecution case, in brief, informant lodged

the first information report of this case on

04.06.2022 against Ramautar, Meharunisha, Aasma,

Zahid Hussain (present applicant) and Aleem Ali

alleging inter alia that the informant and his

companion Santoshi Devi and Anjana are the social

workers and are associated with Freedom Firm. Their

organisation is working to rescue and rehabilitate

minor girls trapped in prostitution. They received

information from the informer that at the house of

Ramautar, some minor girls are being forced into

prostitution. The information regarding above was

given to Superintendent of Police (Crime),

Moradabad and Circle Officer, Civil Lines, Moradabad.

Thereafter, when the police raided the house in

question, two minor girls aged about 16-17 years

(who are hereinafter referred to as "victim-M and

victim-A") were recovered and on the spot, operator

Ramautar, Meharunisha, Aasma, customer Zahid

Hussain (present applicant) and Aleem Ali were

arrested and eight unopened packets of condoms

and six used condoms, etc. were also recovered. On

interrogation, operator disclosed that he used to give

Rs. 200/- to both the recovered girls and keep Rs.

500/- per customer for himself.

It is contended by learned counsel for the applicant

that the applicant is a businessman and supplies the

handicraft items to other traders and has been

falsely implicated in this case. Applicant was not

present at the spot. The victims in their statements

did not take the name the applicant. Both the victims

refused for her medical examination. No

incriminating article has been recovered from the

applicant, therefore, no offence is made out against

him. The applicant does not have any criminal

history to his credit and he is languishing in jail since

04.06.2022.

Per contra, learned A.G.A. for the State as well as

learned counsel for the informant opposed the

prayer for bail of the applicant by contending that

the applicant is customer of the brothel. Hence, bail

application of the applicant is liable to be rejected.

Having heard learned counsel for the parties and

examined the matter in its entirety, I find that as per

prosecution case, applicant is customer of the

brothel and he was apprehended at the spot along

with other co-accused as well as victims. The name

of customer is usually kept secret in the brothel. One

of the tenants of the premises, namely, Nasreen and

other independent witnesses of the locality, namely,

Unus and Dharam Veer Singh have also stated inter

alia that many people live on rent in the house of

Ramautar. The co-accused Ramautar has been

making girls do wrong things/prostitution in his

house for a long time, which the people of the

neighbourhood always objected to. One recovered

girl/victim-M in her statement has disclosed that she

has done prostitution at the behest of co-accused-

Meh