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High Court Of ChhattisgarhMCRC/4329/2019allowed

Sangeeta Shah v. State Of Chhattisgarh

2019-08-21Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4329 of 2019 • Sangeeta Shah D/o Okila Shah Aged About 19 Years R/o Behramal Chowk, Jharsuguda, District Sambalpur Orissa, District : Sambalpur, Orissa ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer,police Station Purani Basti Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Non-applicant For the Applicant :

Shri Kamlesh Kumar Pandey, Advocate For the State :

Shri Vinod Tekam, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 21/08/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.13/2019 registered at Police Station Purani Basti, Raipur District Raipur (C.G.) for the offence punishable under Section 4,5, 7 of Prevention of Immoral Commercial Act.

3. Case of the prosecution, in brief is that CSP Purani Basti, Raipur had received an information from informant on 14/01/2019 that coaccused Neeliofar Shiekh who was living in rented house running the prostitution business by calling the girls from outside. A raid party was constituted. Hemant Thakur was the pointer. Three notes of Rs.500/- denomination, number 2VF934119, 2EG 99715 and 5GA938399 have been given to pointer. Pointer Hemant Thakur had gone to her house. Co-accused Farooq

Khan met him and agreed to provide girl to him. Pointer had given Rs.1500/- to the co-accused Farooq Khan. In that house applicant and co-accused Neeliofar Shiekh were present. From the possession of co-accused Farooq Khan same numbered notes were seized. The applicant was prostitute.

4. Learned counsel for the applicant submits that she is innocent and falsely implicated in the present case, therefore, she shall be released on bail.

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

6. Looking to the above mentioned facts and circumstances of the case, looking to the prima facie material available in record against the applicant, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that she will appear before the concerned Court at 11:00 am as and when directed till trial and she would cooperate during the trial, she shall be released on bail.

Sd/- (Sharad Kumar Gupta) Judge kishore