Ankaj Kumar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2908 of 2019 • Ankaj Kumar Singh S/o Shri Chandeshwar Singh Aged About 26 Years R/o Ward No. 9, Louwani, Jhanjhapur, Madhuvani, Bihar, At Present Resident Of Sanyasipara, Khamtarai, Raipur, Tahsil And District Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Civil Lines, District Raipur Chhattisgarh ----Non Applicant For the Applicant :

Mr. Ashish Surana, Advocate with Mr. Ankit Borker, Advocate For Non Applicant :

Ms. M. Asha, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 07.05.2019 1.

This is second bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court. No other bail application is pending before any other Court.

2.

Earlier, the first bail application of the applicant was rejected by this Court by order dated 14/02/2019 passed in MCRC No.699 of 2019. 3.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.23/2019 registered at Police Station- Civil Lines, DistrictRaipur(C.G.) for the offence punishable under Sections 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956.

4.

Case of the prosecution in brief is that on 10.01.2019, the Police Station Civil Line, Raipur received an information that in Jara Spa Center situated at Bus Stand Shyam Plaza Complex, Raipur in the garb of the spa, prostitution was running. The manager of the said Spa was the applicant Ankaj Kumar Singh. A person namely Avinash K. Mishra is made as a pointer. Four notes of denomination of Rs.500/-, 4D.J. 302141, 4D.E. 302142, 4D.E. 302143, 4D.E.302144 were given the said pointer. A party was constituted. Pointer Avinash K. Mishra went to said Spa Center. He had given Rs.2,000/- to the applicant Ankaj Kumar Singh to provide a girl. The said pointer was found in a room along with applicant Megha Dhimiray. In another room, applicants Pinki Mishra and Anil Kumar Gupta were found in halfnaked state. In another room, applicants Asther Jasmine and Yamik Tabha were found waiting for customers. From the possession of the applicants, the said number notes were seized.

5.

Counsel for the applicant submitted that applicant has been falsely implicated in the case, he drew my attention on spot Panchnama where it has been mentioned that Sunil Sukhramani was operated Jara Spa Center situated at Shyam Plaza applicant was operated it during interval, applicant is in jail since 10.01.2019 thus, he may be released on bail.

6.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant. 7.

Looking to the facts and circumstances of the case, this Court finds that there is no change of circumstances, which may entitle the applicant to enlarge on bail in second round of litigation, thus second bail application is rejected. 8.

Certified copy as per rules.

Sd/- Sd/- (Sharad Kumar Gupta) Judge Parul