Jagannath v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6403 of 2018 • Jagannath S/o Shri Prabhudayal Khare Aged About 25 Years R/o Village Sukul Daihan, Post Dhangaon, Police Station Lalbagh, Rajnandgaon, Tahsil And District- Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Gandai, District- Rajnandgaon, Chhattisgarh. ---- Respondent For Applicant : Shri Abhishek Sharma, Advocate.

For Respondent/State : Smt. Smita Ghai, Panel Lawyer. Hon'ble Shri Justice Arvind Singh Chandel Order On Board 23/10/2018

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 149/2018 registered at Police StationGandai, Distt. Rajnandgaon (C.G.) for the offence punishable under Sections 3, 4, & 5 of Immoral Traffic (Prevention) Act, 1956.

2. As per prosecution story, on 17-07-2018, police personnels of Police Station Gandai received confidential information that coaccused Jailal Kurre is running brothel house and one of the police personnel went for a test and demanded woman for prostitution to which he agreed thereafter, Police raided and the present applicant along with co-accused persons namely Paro

Bai, Sandhya @ Dhaneshwari Bai, Gangotri Bai, Savita Kurre, Ravi Deshmukh and Jailal Kurre were arrested, offence has been registered and the present applicant is in custody since 17-072018.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the main accused Jailal Kurre has already been granted benefit of bail by this Court vide order dated 09-082018 passed in MCRC No. 5489/2018 and other co-accused persons also granted benefit of bail by this Court vide order dated 29.08.2018 passed in M.Cr.C. Nos. 5737/2018, 5748/2018, 5787/2018 & 5936/2018, present applicant is in custody since 17/07/2018 and trial will take some time, therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned counsel for both the parties.

6. Considering the above facts and circumstances of the case, particularly considering the fact that the main accused Jailal Kurre and other co-accused persons namely Paro Bai, Sandhya @ Dhaneshwari Bai, Gangotri Bai, Savita Kurre, Ravi Deshmukh have already granted benefit of bail by this Court, present applicant is in custody since 17/07/2018 and trial will likely to take

some time to conclude, without further commenting on merit of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 10,000/- with one local solvent surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham