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High Court Of ChhattisgarhMCRC/3274/2018allowed

Ishwar Mandavi v. State Of Chhattisgarh

2018-06-25Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3274 of 2018 Ishwar Mandavi, S/o. - Shri Kanhaiyalal Mandavi, aged about 30 years, R/o. Near Zila Panchayat, Chote Atarmuda, P/s. - City Kotwali, Tahsil and District- Raigarh (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through : S.H.O. of the Police Station - City Kotwali, Tahsil and District - Raigarh (C.G.) ---- Non-applicant For Applicant :

Mr. Abhishek Saraf, Advocate.

For Non-applicant :

Mr. Ashish Surana, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 25/06/2018 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 363/2018 registered at Police Station City Kotwali, Tahsil and District - Raigarh for the offence punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.

(2) Case of the prosecution, in brief, is that applicant and two other co-accused persons were found involved in the prostitution and thereby committed the aforesaid offences.

(3) Learned counsel appearing for the applicant would submit that the applicant is innocent person and he has falsely been implicated in the crime in question. He further submits that applicant is in detention since 10.04.2018 and, therefore, the applicant may be released on regular bail.

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

(5) Taking into consideration the nature and gravity of the offence, facts & circumstances of the case and further considering the fact that applicant is in detention since 10.04.2018 and the trial is likely to take some time for its disposal; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-