IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MPM Nos. 138 and 141 of 2026 Date of Decision: 23.2.2026 _____________________________________________________________________

1. Cr.MP(M) No. 138 of 2026 Niki Parmar @ Jogi ……...Petitioner Versus State of Himachal Pradesh …....Respondent

2. Cr.MP(M) No. 141 of 2026 Dharmender Solanki @ Chhotu ……...Petitioner Versus State of Himachal Pradesh …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?

For the Petitioner(s): Mr. Sanjeev Bhushan, Senior Advocate with Mr.

Maan Singh, Advocate.

For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan & Mr.

Anish Banshtu, Deputy Advocates General.

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Sandeep Sharma, J. (Oral)

Bail petitioners namely Niki Parmar @ Jogi and Dharmender Solanki @ Chhotu, who are behind the bars for almost two months, have approached this court in the instant proceedings filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail, in case FIR No. 214 of 2025 dated 27.12.2025, registered at Police Station Manali, District Kullu, Himachal Pradesh, under Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.

2. Pursuant to orders passed by this Court, respondent-State has filed status report and ASI Devender Kumar has come present with record.

Record perused and returned.

3. Close scrutiny of record/status report reveals that police after having received secret information that petitioners herein indulge in illegal trade of immoral trafficking, cotnstituted a team and sent decoy clients to the petitioners, who allegedly after having received advance payment through their mobile phones agreed to make available girls. Allegedly, after receipt of advance payment, petitioner called upon the decoy clients, who called them at Bahanu Bridge situate near Shani Mandir, where petitioners alongwith two girls were sitting in Baleno Car bearing registration No. RJ60CC3815. After having associated independent witnesses, police firstly rescued two girls sitting in the car and thereafter, arrested the petitioners, iwho during investigation, disclosed that person namely Daya Ram, resident of Rajasthan, is also involved in the crime. Allegedly, rescued girls disclosed to the police that they were being forced in prostitution. After having completed necessary codal formalities, police registered the FIR as detailed herein above and since then, petitioners are behind the bars. Since investigation in the cases is complete and nothing remains to be recovered from the bail petitioners, they have approached this Court in the instant proceedings for grant of regular bail.

4. Mr. Anish Banshtu, learned Deputy Advocate General, while opposing the prayer made by the bail petitioners for grant of bail vehemently argued that investigation qua the petitioners is complete, but since main accused namely Daya Ram is yet to be arrested, it may not be in the interest of justice to enlarge them on bail, who have committed heinous crime by pushing innocent girlts in the trade of immoral trafficking. Mr. Banshtu further stated that since petitioners hail from State of Madhya Pradesh, there is every likelihood of their absconding from trial. He stated that in the event of being enlarged on bail, bail petitioners may not only flee from justice, but may also temper with the prosecution evidence.

5. Having heard learned counsel for the parties and perused material available on record, this Court finds that bail petitioners are behind bars for approximately two months. Though at the first instance, iallegedly, petitioners disclosed involvement of one Daya Ram in the alleged offence, but fact remains that police has not been able to arrest afore Daya Ram. Bail, as prayed for, is being opposed on the ground that one of the co-accused is yet to be arrested. Since investigation qua the petitioners is complete and at