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High Court Of ChhattisgarhMCRC/911/2018allowed

Saaji Thomas v. State Of Chhattisgarh

2018-03-15Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 911 of 2018 • Saaji Thomas S/o V. Thomas Aged About 37 Years R/o Subhash Nagar Dipka, Police Station Dipka, Tehsil Katghora District Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Kotwali Korba, District Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. S.S. Baghel, Advocate.

For Respondent :

Mr. Vinod Tekam, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 15/03/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.13/2018, registered at Police Station - Kotwali, District- Korba(C.G.) for the offence punishable under Sections 3, 4 & 5 of the Immoral Traffic (Prevention) Act.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. No case is made out against this applicant on the basis of the material present in the charge-sheet. Applicant is in jail since 9.1.2018. Hence, it is prayed that he may be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

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4. Heard both the parties and perused the case diary.

5. A raid was conducted by the police personnel of PS- Kotwali, DistrictKorba, on the spot of incident and it was found, that illegal business of prostitution was being carried on the place of incident. This applicant was found on the spot as a customer, hence, he was arrested.

6. Considering on the contents of the case diary, presently it is informed that charge-sheet has been filed, hence, there is no further requirement of custodial interrogation of the applicant, I am of this view that applicant deserves to be enlarged on regular bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha