Jaini @ Kasim And Another v. State Of Haryana
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$ 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.178, dated 16.06.2017, registered at Police Station Bahin, District Palwal, under Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956. Notice of motion has been issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.
I have heard learned counsel for the petitioners as well as learned State counsel and have gone through the record. From the record, I find that as per prosecution version at the time of raid, the petitioners ran away from the spot and the ladies were Rajesh Kumar 2017.10.27 13:26 I attest to the accuracy and authenticity of this document Chandigarh
arrested. The allegations against the petitioners are regarding immoral acts. The petitioners have already joined the investigation and they are not required for custodial interrogation. Therefore, no useful purpose will be served by sending the petitioners to custody. Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 31.07.2017, granting interim bail to the petitioners, is made absolute. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.
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.#$ 2 Rajesh Kumar 2017.10.27 13:26 I attest to the accuracy and authenticity of this document Chandigarh