RAVINDRA SINGH, J. - (1.) THE appli­cants Shalini Awasthi and Pragati Awasthi have filed the Criminal Misc. Bail Applica­tion No. 19689 of 2008, the applicant Vijay-laxmi Awasthi has filed the Criminal Misc. Bail Application No. 19688 of 2008 and the applicant Amarjeet has filed the Criminal Misc. Bail Application No. 21814 of 2008 with a prayer that they may be released on bail in case Crime No. 886 of 2008 under sections 294, 366-A IPC and sections 3, 4, 6 of the Indecent Representation of Woman (Prohibition) Act, 1986 and sections 3, 5, 6 of Immoral Traffic (Prevention) Act, 1956 and sections 51, 63 and 68-A of Copy Right Act, P.S. Shahpur, District Gorakhpur.
(2.) THE above mentioned bail appli­cations are arisen out of same offence i.e. Case Crime No. 886 of 2008, therefore, the same are being disposed of by a common order. The facts in brief of this case is that the FIR of this case has been lodged by Sri Vishwajeet Srivastava, Circle Officer of Police on 23.5.2008 at 8.10 p.m. in respect of the incident which had occurred on 23.5.2008 at about 7.00 p.m. The distance of the police station Shahpur was about 4 km. From the alleged place of incident. The FIR has been lodged against co-accused Cyan Prakash Srivastava, co-accused Irfan @ Pintu and co-accused Jyoti. It is alleged that the first informant got the information on 23.5.2008 that Blue Film of some girls and women are being prepared in resident No. 784-A, Railway Colony, Baulia, on that in­formation the first informant along with some other police personal came at the place of occurrence at about 07.00 p.m. on 23.5.2008 from where two co-accused persons namely Cyan Prakash Srivastava and co-accused Irfan @ Pintu who tried to es­cape from the place of occurrence from back door of the house were apprehended. On interrogation the co-accused Gyan Prakash Srivastava disclosed that the co-accused Irfan @ Pintu was driver who was bringing girls and women at his house by way of enticing them, one secret camera was installed by him in a room, the same was connected with a T.V. which was kept in an another room, they were provided tea or cold drinks having some intoxicant, un­der their intoxication they were being made naked and they were sexually inter-coursed. Their indecent blue films were prepared and they were compelled to re­main in his net, they were called again for doing the sexual inter-course. He disclosed the name of applicant Pragati Awasthi, applicant Shalini Awasthi, applicant Vijay-laxmi Awasthi and co-accused Shilpi Jaiswal whose blue films were prepared and were oftenly called for doing sexual intercourse. The first informant saw the complete system inside the house and re­covered the close circuit camera and recov­ered all articles including close circuit cam­era, coloured T.V., cassets of handicam, blue film CD cassets and VCD etc. When co-accused Gyan Prakash Srivastava was asked about handicam camera by which blue films were prepared he stated that same was stolen on 12.5.2008. The co-accused Irfan @ Pintu stated that the co-accused Gyan Prakash Srivastava was not paying the appropriate amount, he was his driver he had stolen the handicam photo camera on 12.5.2008 from the house of co-accused Gyan Prakash Srivastava. During investigation the I.O. collected the evidence against the applicants and other co-accused persons showing their involvement. At ini­tial stage the statement of applicants Shalini Awasthi, Pragati Awasthi, Vijai Laxmi Awasthi were recorded under sec­tion 161 Cr.P.C. as witnesses but subse­quently they have been made the accused. According to their statement the applicant Amarjeet Singh has also been made the accused. The applicants applied for bail before learned Session Judge, Gorakhpur who rejected the same on 4.7.2008 by a common order. Being aggrieved from the order dated 4.7.2008 the applicants have moved the present bail applications.
(3.) HEARD Sri Dilip Kumar and Ashok Tripathi, learned Counsel for the applicants Shalini Awasthi, Pragati Awasthi and Smt. Vijailaxmi Awasthi and Sri Manish Ti-wary, learned Counsel for the applicant Amarjeet and learned A.G.A. for the State of U.P.;