‘Worst degradation’: Himachal Pradesh High Court denies bail to 2 women who lured girls, forced them into prostitution

The order added that the rescued girls specifically stated that they were brought by the petitioners and other persons with an assurance to get them job of household help, but they were pushed into prostitution.

The court said that releasing the petitioners on bail would encourage other persons to do so and would harm society.

What was the case?

• The matter originated from a First Information Report (FIR) registered at Manali Police Station for offenses under Section 143(3) (trafficking) of the Bharatiya Nyaya Sanhita (BNS) and Sections 4 (punishment for living on the earnings of prostitution) and 5 (procuring, inducing or taking woman or girl for the sake of prostitution.) of the Prevention of Immoral Trafficking Act (PITA).
• According to the prosecution, the police received secret information on December 22, 2025, regarding sex workers operating at Mall Road and the Manali Bus Stand.
• The police organised a trap involving decoys and independent witnesses, providing marked currency notes totalling Rs 5,000.

• Upon receiving a signal, the police raided the spot and apprehended the petitioners along with several other individuals.
• The rescued girls alleged they had been brought from Punjab under the pretext of being provided household cleaning jobs, only to be forced into prostitution.
• Marked currency notes used in the sting operation were recovered from the possession of the accused.
• Appearing for the two women petitioners, senior advocate Bimal Gupta submitted that the petitioners are innocent and they were falsely implicated.
• He stated that the girls had not made any complaint to any person, and the statements made by them that the petitioners had forced them into prostitution cannot be believed. They were major and free to act as per their wishes.
• He further submitted that the petitioners have minor children, and there is no one to look after them.

Justice Rakesh Kainthla said releasing the petitioners on bail would be harmful to society.

State’s stand

• Appearing for the state, Deputy Advocate General Ajit Sharma submitted that the petitioners had indulged in immoral trafficking.
  He further submitted that they were living on the earnings of prostitution, which is evident from the recovery of the marked currency notes.
  He stated that the petitioners would indulge in the commission of similar offences in case of their release on bail.

‘Petitioners indulged in commission of heinous offence’

• The status report shows that the police had apprehended Sandeep Kaur, Santosh, Kavita Khatoon, Vishwa Dev, Suraj, R, A, F, and S.
• The police also recovered the currency notes handed over to the decoys from the possession of Santosh, Sandeep Kaur, Kavita Khatoon, Vishwa Dev, and Suraj.
• The rescued girls stated that Santosh, Sandeep Kuar and Kavita Khatoon had brought them on the pretext of getting the job of household help, but they were forced into prostitution.
• Section 5 of the Immoral Traffic (Prevention) Act, 1956, punishes a person who induces another to engage in prostitution.
• Therefore, the section deals with not only the forcible acts but the inducement as well.
• These statements prima facie satisfy the requirements of Section 5 of the Immoral Traffic (Prevention) Act, 1956.
• It was submitted that all the girls were major and they could not have been forced into immoral trafficking. This submission will not help the petitioners.

• Section 5 deals with the inducement to carry out prostitution. Thus, if a person is merely induced, even on the assurance of payment of money, the section would be attracted.
• Even if girls were carrying out the activities with their consent, but based on the inducement provided by the petitioners, the offence would be made out.
• It was rightly submitted on behalf of the state that the petitioners indulged in the commission of a heinous offence.
• The apprehension of the state cannot be ruled out at this stage that the petitioners may indulge in the commission of a similar offence if they are released on bail.
• The trial has not yet commenced, and girls would be unable to make a free and fair disclosure by the petitioners’ release.