Smt. Kanti Chauhan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7079 of 2016 Smt. Kanti Chauhan, W/o. Late Madhav Lal Chauhan, Aged About 48 Years, R/o. Birra Phatak, Near Bhikh Talab, Ward No. 23, Champa, District Janjgir - Champa, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through - Thana - Balco, Revenue / Civil District - Korba, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Samir Singh, Advocate For Respondent :

Mr. Ashutosh Pandey, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 16.11.2016 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.255/2016 registered at Police Station- Balco, District Korba (C.G.) for the offence punishable under Section 3, 4, 5 & 8 of the Immoral Traffic (Prevention) Act.

2.

As per the prosecution case, on information received that the present applicant alongwith other co-accused Santosh Sahu, Smt. Santoshi Shrivas, Kranti Chouhan & Sunita Chouhan were running a prostitution racket in the house of Housing Board Colony, a pointer was appointed as a fake customer and the amount was paid and on a raid being made, the applicant was also found in the house wherein other girls and boys were recovered. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and no direct evidence is available against her. He further submits that the charge sheet in

this case has been filed, no further investigation is necessary and the applicant is in jail since 16.09.2016, therefore, she may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the statements. Considering the facts and circumstances of the case and taking into fact that the charge sheet has been filed and the applicant is in jail since 16.09.2016, I am inclined to release the applicant on bail. 6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.

Sd/- (Goutam Bhaduri) Judge Ashok