Khabir Shekh And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 6944 of 2020

1. Khabir Sheikh, s/o Noor Mohammed Sheikh, aged 39 years

2. Smt. Mahi Sheikh, w/o Khabir Sheikh, aged 32 years Both residents of Village-Kabilpur, PO-Jageerpur, Murshidabad (West Bengal), Presently residing at Risali Maroda, Bhilai, Tehsil and District Durg, Chhattisgarh ---- Applicants (In Jail)

Versus

• State of Chhattisgarh Through the District Magistrate, District Durg, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------------------------- For Applicants :

Shri Rajendra Kumar Patel, Advocate For Respondent/State :

Shri Vikram Sharma, Dy GA -------------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Parth Prateem Sahu Order on Board 14.12.2020 1.

Applicants have preferred this application under Section 439 CrPC for grant of regular bail as they have been arrested in connection with Crime No.372 of 2020 registered at Police Station Chavani, District Durg CG for the offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.

2.

Case of the prosecution in brief is that the Police of Chavani Police Station received secret information about the illegal business of Prostitution at Suvidha Lodge, GE Road, Power House Bhilai. Based on the said information, Police made a raid at Sudha Lodge on 11.07.2020 and found the present applicants on the spot and offences as mentioned above were registered against them, along with three other co-accused persons.

MCRC 6944 of 2020 3.

Shri Rajendra Kumar Patel, learned counsel for the applicants submits that the applicants are innocent persons and had not committed any offence as alleged against them. He further submits that other three co-accused persons have been enlarged on bail vide order dated 24.09.2020 in MCRC-5399, 5403 and 5728 of 2020 and the case of the present applicants is also on the similar footing. 4.

Shri Vikram Sharma, learned Dy Government Advocate for the State opposing the submission made by learned counsel for the applicants, material available in case-diary, submits that there is ample material against the present applicants to connect them in the crime registered against them. He also submits that applicant-1 is a Broker and is the main accused.

5.

I have heard learned counsel for the parties. 6.

Considering the nature of allegation against the present applicants, the other three co-accused persons have been enlarged on bail by this Court as stated and further considering that the applicants are in jail since 11.07.2020, I am inclined to enlarge the applicant on bail. 7.

Accordingly, the bail application is allowed. It is directed that the applicants be released on regular bail upon furnishing a bail bond in the sum of Rs.10,000/- (Rupees ten thousand) each with one surety in the like sum to the satisfaction of the Court below concerned on the condition that:

MCRC 6944 of 2020 a) Applicants shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) Applicants shall not in any manner, tamper with the prosecution witnesses.

c) If the applicants are found involved in similar offence in future, it will be open for the State to apply for cancellation of bail. Certified copy as per rules.

Sd/- (Parth Prateem Sahu) JUDGE padma