Khiroud Choudhari v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4345 of 2016 Khiroud Choudhari, S/o. Bhogi Lal Choudhari, Aged About 42 Years, R/o. Near Savitri Medical, Ashok Nagar, P.S. Gudhiyari, District Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Station House Office, Police Station Tikrapara, Raipur, District Raipur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Raghavendra Pradhan, Advocate For Respondent :

Mr. Anil S. Pandey, Govt. Advocate.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 05.09.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.162/2016 registered at Police Station Tikrapara, Raipur (C.G.) for the offence punishable under Section 3, 4, 5, 7, 8 of PITA Act, 1955. 2.

As per the prosecution case, on 30.04.2016, on information being received that in the house of Dilip Kumar Manikpuri, business of prostitution is being carried on, a raid was conducted in the house wherein two ladies along with other persons were found in objectionable condition and thereby the aforesaid offence was committed. It is alleged that the applicant was involved in commission of crime, as he made all the arrangements. 3.

Learned counsel appearing for the applicant would submit that no allegations have been attributed to this applicant and he has been falsely implicated. He would further submit that the charge sheet has been filed and the applicant is in jail since 30.04.2016 and no further evidence is required, therefore, he may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail and would submit that the bail application of the similarly placed co-accused Mohan Patel has been dismissed by this Court on 19.07.2016 in MCRC No.3892 of 2016.

5.

Perused the case diary and the documents. Considering the fact that the applicant was caught red handed when the raid was made and further taking into fact that the bail application of the similarly placed co-accused has been dismissed, I am not inclined to release the applicant on bail.

6.

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

Sd/- (Goutam Bhaduri) Judge Ashok