Smt. Sonal Lalwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 5505 OF 2015 Smt. Sonal Lalwani, W/o Late Rajkumar Lalwani, aged about 42 years, R/o Near Sarswati Gayan Mandir, Adarsh Nagar, Durg, P.S. City Kotwali, Durg, District Durg (C.G.) ---Applicant

Versus

State of Chhattisgarh Through P.S. Mahila Thana, Durg District Durg (C.G.) ---Non-applicant For Applicant :

Mr. Arun Kochar, Advocate For Non-applicant :

Mr. Anupam Dubey, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 12/10/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 08/2015, registered at Police Station Mahila Thana, Durg District Durg (C.G.), for the offence punishable under Sections 3, 4, 5 of the Prevention of Immoral Traffic Act. 2.

Case of the prosecution, in brief, is that, present applicant is said to have found running brothel and also found procured persons for the purpose of prostitution and thereby committed aforesaid offence. 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in offence in question. He would further submit that applicant is woman aged about 42 years. he would further submit that applicant is housewife and there is no evidence to connect the applicant in offence in question. He would lastly

submit that charge-sheet has been filed and applicant is in jail since 08/08/2015 therefore, she may be released on bail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; role of the present applicant in offence in question; charge sheet has already been filed and applicant is in jail since 08/08/2015, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for her appearance as and when directed, the applicant shall be released on bail, subject to following condition: • That, the applicant will not involve in such activity during the pendency of trial, otherwise bail granted to her shall be liable to be cancelled and shall co-operate the prosecution during trial. 8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari