Smt. Jyoti Tande & ANR. v. State Of Chattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 918 of 2018

1. Smt. Jyoti Tande, W/o Aslam Khan, Aged about 22 years, R/o Village Urdana, Police Line Raigarh, Tahsil & District Raigarh (C.G.)

2. Smt. Pinki Ratre, W/o Milan Ratre, Aged about 20 years, R/o Kirodmal Nagar, Thana Kotra Road, Raigarh, District Raigarh (C.G.) ---- Applicants

Versus

State of Chhattisgarh, Through : Station House Officer, Police Station Kotra Road, District Raigarh (C.G.) ---- Non-applicant For Applicants :

Mr. Ashish Gupta, Advocate.

For Non-applicant/State :

Mr. Anand Dadariya, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/04/18 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 applicants who have been arrested in connection with Crime No.145/2017 registered at Police Station Kotra Road, Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 3,4 & 5 of the Immoral Traffic (Prevention) Act, 1956.

3.

Case of the prosecution, in brief, is that the applicants are found involved in prostitution and thereby the applicants committed the aforesaid offence.

4.

Learned counsel for the applicants would submit that other coaccused persons have been granted bail by this Court in M.Cr.C. Nos.

5306/2017, 6934/2017 and 6971/2017, the applicants are in jail since 31-072017 and the sentence for the offence is provided for 3 years. Charge-sheet has already been filed and no useful purpose will be served by detaining them in jail, therefore, they may be released on regular bail. 5.

On the other hand, learned counsel for the State would oppose the bail application.

6.

I have heard learned counsel appearing for the parties and perused the case diary.

7.

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence, other co-accused persons have already been granted bail and the fact that the applicants are in custody since 31-07-2017, this Court is of the opinion that present is a fit case in which the applicants should be enlarged on regular bail.

8.

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

Sd/- (Sanjay K. Agrawal) Judge Kvr