Mohd. Sahil v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7733 of 2021 • Mohd. Sahil S/o Mohd. Akram, Aged About 28 Years R/o H.No.- 621, Katehara, Dariyabag, Police Station - Atarsuiya, District - Prayagraj, (U.P.) Present Address - Rajshree Hotel, Nehru Nagar Chowk, Supela, Bhilai, District - Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House In-Charge, Police Station - Supela, District - Durg Chhattisgarh.

---- Non Applicant For the Applicant :

Mr. Faisal Akhtar, Advocate For Non Applicant/State :

Mr. Avinash K. Mishra, G.A.

Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 01.11.2021

1. The applicant has preferred the first bail application under Section 439 of CrPC for grant of regular bail as he has been arrested on 04.09.2021 in connection with Crime No.527/2021 registered at Police Station- Supela, District- Durg (C.G.) for the offence punishable under Sections 3, 4, 5 of Immoral Trafficking (Prevention) Act, 1956.

2. The case of the prosecution, in brief, is that the police personnel received a secret information that in Rajshree Hotel-some persons are involved in the activity which is an offence under the Immoral Traffic(Prevention) Act. On the basis of said information, police personnel conducted raid and arrested the applicant under the aforesaid acts.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he has been arrested mainly on the basis of suspicion and he is in jail since 04.09.2021. He would further submit that no allegation against the present applicant has been made out in the FIR and there is likelihood of delay in investigation and trial. The other coaccused have already been granted regular bail vide orders dated 09.09.2021 & 27.10.2021 passed by Co-ordinate Benches of this Court in M.Cr.C.No. 6049 of 2021 & M.Cr.C. No.7202 of 2021 respectively, therefore,

on the same ground of parity, present applicant may also be granted regular bail.

4. On the other hand, learned counsel for the State though opposes the bail application but has not disputed the fact that the other co-accused have already been granted regular bail by Co-ordinate Bench of this court.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, nature of allegation leveled against the applicant, considering the fact that the applicant is in jail since 04.09.2021 and also the fact that the other co-accused have already been granted regular bail by co-ordinate Benches of this Court, I am inclined to release the applicant on bail.

7. Accordingly, the bail application filed by applicant is allowed and applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.2,00,000/- with two local sureties of Rs.1,00,000/- - 1,00,000/- each to the satisfaction of the concerned trial Court. He is directed to appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

8. It is made clear that applicant shall not involve himself in any offence of similar nature in future, otherwise bail granted to him shall be liable to be cancelled without further reference to the bench. Certified copy today.

Sd/- (Narendra Kumar Vyas) Judge Parul