Rohit Yadav And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3824 of 2017

1. Rohit Yadav S/o Sudro Yadav Aged About 30 Years Occupation- Vehicle Sale And Purchase, R/o Baldegi, Tahsil- Pathalgaon, District Jashpur, Chhattisgarh, Present Address- Deendayal Puram Chhote Atarmuda, District Raigarh, Chhattisgarh.

2. Smt. Chhoti Yadav W/o Rohit Yadav Aged About 27 Years Occupation- Wife, R/o Baldegi, Tahsil- Pathalgaon, District Jashpur, Chhattisgarh, Present AddressDeendayal Puram Chhote Atarmuda, District Raigarh, Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station- Chakradhar Nagar, District Raigarh, Chhattisgarh.

Respondent For Applicants : Shri Wasim Miyan, Advocate.

For Respondent : Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 14.06.2017

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with crime No.98/2017 registered at Police Station Chakradhar Nagar District Raigarh for the offence punishable under Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act, 1956.

2. Case of the prosecution, in brief, is that, the present applicants who were husband and wife, found involved in the business of carrying flesh-trade and they were trapped by the police party and on secret information received in respect of the immoral trafficking conducted by the present applicants. During

the course of the raid, in the house of the present applicant, one lady namely Sevti Yadav was found alongwith other co-accused person Jaspal Singh, and on the basis of which, the case was registered against the present applicants.

3. Learned counsel for the applicant submits that the present applicants have not committed any offence and have been falsely implicated in the case. He further submits that present applicants are in detention since 7.5.2017 and the case is triable by the Magistrate, and therefore, the applicants may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application alleging that nature of allegation are serious.

5. I have heard the counsel appearing for the parties.

6. Considering the totality of the facts and circumstances of the case, particularly, taking note of the fact that the applicants are husband and wife and they are in detention since 7.5.2017, this Court is of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8. It is directed that the applicants, namely, Rohit Yadav and Smt. Chhoti Yadav shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- each with two sureties in the like sum to the satisfaction of the concerned Court for their appearance as and when directed.

9. Certified copy as per rules.

Sd/- (P. Sam Koshy) Vacation Judge Anu