IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA ON THE 1^st OF FEBRUARY, 2022 MISC. CRIMINAL CASE No. 63801 of 2021 Between:-

SAPNA @ SONALI W/O RAJENDRA SHARMA, AGED ABOUT 36 YEARS, OCCUPATION:

HOUSEWORK 99-A, PRINCE CITY COLONY (MADHYA PRADESH)

.....APPLICANT (BY SHRI SUNIL GUPTA, LEARNED COUNSEL )

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH P.S. LASUDIYA (MADHYA PRADESH)

.....RESPONDENT (BY MS. NISHA JAISWAL, LEARNED COUNSEL )

(Heard through Video Conferencing)

ORDER

This is a repeat (4th) application filed under Section 439 of Cr.P.C. by the applicant who is in custody since 25.09.2020 in connection with Crime No.924/2020 registered at Police Station Lasudiya, District Indore, for the offence punishable under Section 366, 370, 370-A, 343, 370 (2), 370 (3) of I.P.C. and Section 3, 4, 5, 6 Immoral Trafficking Act.

The earlier prayer for grant of bail were dismissed as withdrawn vide order dated 11.01.2021, 19.03.2021 and 11.06.2021 passed in M.Cr.C. No. 45447/2020, M.Cr.C. No.8625/2021 and M.Cr.C. No.27256/2021.

As per the prosecution case, during investigation in Crime No.772/2020 registered for the offence/s u/s. 376, 343, 354, 354B, 364A, 384, 323, 506, 294 and 34 of the IPC by Police Station- Vijay Nagar, Indore, the accused Akshara @ Savitri given information that immoral trafficking are going in Mohit Hotel situated in Mahalakshmi Nagar, Indore and certain girls are being hostage in the rooms. Upon believing the said information to be true, the police along with Akshara @ Savitri reached the spot and conducted the raid in Mohit Hotel. One person was found on the counter who disclosed his name as Akash Choudhary and a Guard disclosed his name as Harshit Sisodiya and upon asking they informed that guest house is vacant. The police team suspected illegal activities and started checking the rooms and Room No.201 of the said hotel was found locked from the outside. When it was opened, six girls were found inside the room. They disclosed their name and told that they are resident of Bangladesh and brought to Indore via West Bengal. Their statements were recorded, and it was revealed that by giving them offer of job they were made to cross the Bangladesh border and entered into the territory of India in a planned way through agents –Sagar Jain, Kapil Meena, Sonali@Sapna (applicant), Pintu and others. They were sold several times and brought to Indore for sexual exploitation against their wishes. Since they had no passport and visa, therefore, they could not resist the accused persons to do these illicit activities and doing under compulsion. They have been made hostages in the room for five days. Their statements have been recorded under section 164 of the Cr.P.C. before the JMFC Indore. The police have arrested Akash Choudhary, Harshit Sisodiya, Kamal Mandal, Sapna@ Sonali, Meena Thakur and made them accused in this case. On the basis of the statement of Deepak @ Kamal Mandal, the police reached to Shri Sai Kripa Lodge, Pithampur, District Dhar and searched Room No.103 in which two girls were found who have disclosed their name as Nupur Begum @ Lubana Begum and Muskan @ Rabia and they were also trafficked from Bangladesh. They alleged that Deepak @Kamal Mandal has locked them in the room and forced them in flesh trading against their wishes. Accordingly, the police have made all the five persons as accused and registered the FIR under Crime No.924/2020 and collected other evidence.

Learned counsel for the applicant submits that one of the rescued girl has been examined before the trial court as PW-1, who has not named this applicant, even she did not identify this applicant in the Court. Other girls are not appearing before the Trial Court, despite issuance of repeated warrant. The applicant has filed copy of order sheets to show that other girls are absconding. There is delay in trial. He has filed copy of order of Apex Court in which similar facts and circumstances, bail has bee