Toukeer Alam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4355 of 2019 • Toukeer Alam S/o Taiyyab Hussain Aged About 35 Years R/o Kurbani, Muzaffarpur (Bihar), Presently R/o House No. 194/24, Santoshi Nagar Bazar, Courasiya Colony, Masjid Road, Opposite Alfa School, DistrictRaipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. New Rajendra Nagar, DistrictRaipur, Chhattisgarh ---- Non Applicant For the Applicant :

Shri Satyendra Srivas, Advocate For Non Applicant :

Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 24.07.2019

1. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with Crime No.177/2019 registered at Police StationNew Rajendra Nagar, District- Raipur (C.G.) for the offence punishable under Sections 4, 5, 7 of Immoral Traffic (Prevention) Act, 1956.

3. Case of the prosecution, in brief is that Krishna Kumar Patel was posted as CSP at Purani Basti, Raipur. On 04.05.2019 he received

information that co-accused Kiran Sharma is operating sex racket at Impresia Colony, Amlihdih. A raid was conducted. In the house of coaccused Kiran Sharma, co-accused Nisha Khan and Taj Noushad were present who were committing prostitution. Applicant was also present there as a customer. During the investigation it was found that co-accused Geeta Soni was also participating in dealing for providing the girls.

4. Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

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

6. Looking to the above mentioned facts and circumstances of the case, looking to the material available on 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 applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned Court with the condition that he will appear before the trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge pm