V. R. Subhash v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 2015 • V.R. Subhash, son of V. Rajdhan, aged about 45 years, resident of R.K. Hotel, Power House, Bhilai, Police Station -Chhawni, Tahsil & District - Durg (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through: Station House Officer, Police Station - Chhawni, District - Durg (C.G.) ---- Non-applicant For Applicant:

Shri B.P. Singh, Advocate.

For Non-applicant/State:

Shri Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /07/2015 Heard.

(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. 315/2015 registered at Police Station Chhawni, District - Durg (C.G.) for the offence punishable under Sections 3,4 & 5 of Prevention of Immoral Traffic Act (PITA), 1956.

(2) Case of the prosecution, in brief, is that on 13.06.2015, on the basis of information, the police party conducted raid on R.K. Lodge, Bhilai where the applicant and other co-accused person were found in suspecting and compromising position and, thereby, alleged to have

committed aforesaid offences.

(3) Learned counsel for the applicant submits that applicant has falsely been implicated in the offence in question as he has not committed any offence. He further submits that the co-accused has already been released on bail; applicant is in jail since 13.06.2015 and, therefore, the applicant may be released on bail. (4) On the other hand, learned counsel for the State opposes the bail application.

(5) I have heard the counsel appearing for the parties and perused the case diary.

(6) Taking into consideration the facts & circumstances of the case; further considering the role of the present applicant in the offence in question; considering his pre-trial detention; and the fact that coaccused person has already been granted regular bail; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(7) Accused/applicant - V.R. Subhash 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 till disposal of the trial. Certified copy as per rules.

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