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High Court Of ChhattisgarhMCRC/5614/2015allowed

Baby @ Babita v. State Of Chhattisgarh

2015-10-15Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.5614 of 2015 Baby @ Babita wife of Lalchand, aged about 28 years, R/o. Behind Kabir Mandir, Near Church, Zone-3, Khursipar, Bhilai, Tahsil and Dsitrict Durg (CG) ---Applicant

Versus

State of Chhattisgarh Through: Station House Officer, P.S. Khursipar, Bhilai, District Durg (CG) ---Non-applicant For Applicant :

Mr. Praveen Dhurandhar, Advocate For Non-applicant :

Mr. O.P.Sahu, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/10/2015 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.260/2015, registered at Police StationKhursipar, Bhilai, District-Durg (C.G.), for the offence punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956. 2.

Case of the prosecution, in brief, is that the present applicant found to have running brothel house and induced other co-accused persons for the purpose of prostitution and thereby committed the aforesaid offences. 3.

Learned counsel for the applicant would submit that the applicant has not engaged in the aforesaid work, she has not committed any offence and she has falsely been implicated in crime in question. He would further submit that the applicant is in jail since 30.7.2015 and charge-sheet has already been filed. 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 and the fact that charge-sheet has already been filed, 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.

8.

It is directed that applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-