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High Court Of ChhattisgarhMCRC/6305/2017allowed

Vishwanath Bairagi And ANR. v. State Of Chhattisgarh

2017-11-30Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No. 6305 of 2017

1. Vishwanath Bairagi S/o Sahdev Das, aged about 30 years, R/o Village Faraswani, Tahsil & Thana Sarangarh, District Raigarh, Chhattisgarh

2. Purushottam Sahu S/o Shree Ram Sahu, aged about 30 years, R/o Village Ranisagar, Thana Sarangarh at present Baikunthpur (in house of Deepak Sahu ) Thana Kotwali, Tahsil & District, Raigarh, Chhattisgarh ---- Applicants

Versus

State of Chhattisgarh through Station House Officer, Jutemill Chowki Raigarh, District Raigarh, Chhattisgarh ---- Respondent For Applicants :

Smt. Sharmila Singhai, Advocate For Respondent/State :

Shri D. R. Minj, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 30/11/2017 This is the first bail application filed u/s 439 of Cr.P.C. for grant of bail to the applicants who have been arrested in connection with Crime No. 535/2017 registered at Police Station Jutemill Chowki, Raigarh (CG) for the offence punishable under Sections 3, 4, 5 of Immoral Traffic (Prevention) Act, 1956 The applicant is in jail since 09.09.2017. 2.

As per the prosecution case, the present applicants on a raid being conducted were found in an objectionable condition. 3.

Counsel for the applicants submits that the applicants are in jail since 09.09.2017, as such they have already remained in custody for a period of more than two months and this is the first offence committed by

them. Thus, considering the nature of offence the applicants may be released on bail.

4.

State counsel, however, opposes the bail application. 5.

Considering the period of custody already undergone and the nature of offence, this Court is of the opinion that it is a fit case for grant of bail to the applicants.

6.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicants will be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed.

Sd/- (P. Sam Koshy) JUDGE Bhola