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High Court Of ChhattisgarhMCRC/3623/2016dismissed

Shaba Khan @ Yasmin Begum v. State Of Chhattisgarh

2016-07-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3623 of 2016 Shaba Khan @ Yasmin Begum, W/o. Yashpal Singh, Aged About 40 Years, R/o. Shlok Vihar, Sarkanda, Police Station Sarkanda, Civil & Revenue District Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Sarkanda, District Bilaspur, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Dharmesh Shrivastava, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 14.07.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.353/2016 registered at Police Station- Sarkanda, District Bilaspur (C.G.) for the offence punishable under Section 370(1)(6), 34 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that the applicant who was involved in human trafficking allured the victim to go to Goa and advise for prostitution and told that she may get Rs.15,000/- for a night. Since the victim had earlier came in contact with the applicant Shaba Khan earlier and had went to Hyderabad at her cost, her Adhar Card and some Identity Card were kept with her. Thereafter when the victim was doubtful as to why the applicant Shaba Khan wanted to take her to Goa, it was disclosed that she could earn Rs.15,000/- for a night. The victim thereafter came to Bilaspur and after due information to the police went to the house of

the applicant and while the victim was in the house of the applicant as informed to police, the house of the applicant was raided and after investigation, offence was sought to be committed. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the applicant is a beautician and she was running a Beauty Parlor and certain fees was left to be paid by complainant though she had imparted training and on making such demand from the complainant, false allegations have been made. He further submits that the applicant is a lady and she in jail since 03.05.2016, therefore she may enlarged on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the statement of the victim and the report. Primary allegations have been attributed that the present applicant allured the victim to earn huge amount and advised her to go to Goa and since the victim never wanted to go, as such, the report was made to police and when the victim went to the house of the applicant to get back her Adhar Card and other Identity Card, as per the information, the police reached there and the applicant was arrested. Taking into such report and the statement and considering the facts of the case, I am not inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is rejected.

Sd/- (Goutam Bhaduri) Judge Ashok