Hasina v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 1.9.2021 Hasina ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rakesh Gupta, Advocate, for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana, assisted by Inspector Ajit Singh.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against her vide FIR No. 26, dated 25.2.2021, Police Station City Tauru, District Nuh, under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act 1956. As per the case of prosecution SI Bilasa Ram received secret information to the effect that immoral activities like prostitution were being carried on in the house of a lady by the name Hasina (petitioner). Upon receipt of said information a decoy customer was sent to the house of Hasina where a deal was struck with one of the ladies present there. Upon receiving a signal from decoy customer, a raid was conducted and two ladies by the

- 2 - name Saina and Radha and also one man namely Almuddin was arrested from the house of Hasina. It is further the case of prosecution that an amount of Rs.900/- was also recovered from Saina which included the currency notes which had been handed over to the decoy customer. Learned counsel for the petitioner has submitted that she has falsely been implicated in the instant case and was never ever found at the spot.

Opposing the petition, learned State counsel has submitted that the petitioner is a habitual offender and stands involved in another identical case which was registered vide FIR No. 74, dated 27.7.2020, Police Station Tauru, District Nuh, under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act.

I have considered rival submissions addressed before this Court. It is a case where prior secret information was received on the basis of which a decoy customer was sent to the premises in question along with currency notes whose serial numbers had been noted down. When a raid was conducted two women along with one man were arrested from the spot. One of the woman was found to be carrying the currency notes which had been handed over by the decoy customer whose serial number had been noted down. The premises in question are undisputedly owned by the petitioner herself and thus the petitioner cannot feign ignorance about the activities being undertaken in the said house. In these circumstances, the secret information virtually stands substantiated. Further the credentials of the petitioner who has earlier been involved in an identical case do not warrant any leniency. The custodial interrogation of the petitioner would be

- 3 - required to unearth as to how many other women or other persons are involved in the said racket of prostitution.

Finding no merit in the instant petition and the same is hereby dismissed.

1.9.2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No