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Patna High CourtCR. MISC./57383/2021bail granted

Md. Sahid Ali @ Sahid Ali @ Sahid Ali Ansari v. The State Of Bihar

2022-04-05Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57383 of 2021 Arising Out of PS. Case No.-529 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== MD. SAHID ALI @ SAHID ALI @ SAHID ALI ANSARI Son of Sajjad Ali @ Sajjad Ali Ansari Resident of Village- Kurhaily, Ward No. -05, P.S.- Forbesganj, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate.

For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-04-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The present application has been filed on behalf of the petitioner, above named, for grant of regular bail to the petitioner who has been made accused and put behind the bars in connection with Forbesganj P. S. Case No. 529 of 2021 registered for the offences punishable under Sections 3(ii) (a) (b), 4/5/7 of the Immoral Traffic Act.

The prosecution case is that the petitioner being owner-cum-Manager of the Alisha Rest House was found indulged in running illegal business of prostitution. It is further alleged that on a raid made by the Police, two girls along with a boy have been recovered from the said Rest House.

Patna High Court CR. MISC. No.57383 of 2021(2) dt.05-04-2022 2/3 It is submitted on behalf of the petitioner that, in fact, the owner of the alleged rest house is one Sajjad Ali Ansari who happens to be father of this petitioner, he had no concern with the Alisha Rest Houe. Further, the Police has not even recorded the statement of recovered victim girls nor their statement have been recorded under Section 164 Cr.P.C.. It is next submitted that the petitioner is in custody since 20.07.2021 and the investigation has been concluded and charge-sheet has already been submitted. It is also submitted that, as such, there is no chance of his absconding and tampering with the evidence.

On the other hand, learned APP for the State opposes the prayer for bail and submits that the petitioner has been found to be involved in the business of illegal prostitution and recovery of boys and girls have also been made. Considering the submissions made on behalf of the petitioner that the said rest house, in question, runs in the name of Sajjad Ali Ansari (father of the petitioner), who is the actual owner of the said rest house and further this petitioner is in custody since 27.07.2021, having no criminal antecedents, let this petitioner, above named, be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.57383 of 2021(2) dt.05-04-2022 3/3 Chief Judicial Magistrate, Arari in connection with Forbesganj P. S. Case No. 529 of 2021, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) shakir/- U T