Mohan Patel v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 8092 of 2016

1. Mohan Patel, S/o. Santram Patel, aged about 41 years, R/o. Ward No.6, Rajapara, Sarangarh, Tahana - Sarangarh, District - Raipur, Chhattisgarh. At present R/o. Kabir Nagar, Raipur, Civil and Revenue District - Raipur (C.G.).

----Applicant

Versus

1. State of Chhattisgarh, Through : the Police Station - Tikrapara, Civil and Revenue District - Raipur (C.G.) ---- Respondent For Applicant : Mr. P.P.Sahu, Advocate For Respondent/State : Mr. Sangharsh Pandey, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 06/12/2016 1.

This is the second 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.162/2016, registered at Police Station - Tikrapara, District - Raipur (C.G.) for the offence punishable under Section 3, 4, 5, 7 & 8 of the Prevention of Immoral Trafficking Act, 1956. 2.

The first bail application was dismissed on merits vide order dated 19.07.2016 in M.Cr.C. No.3892/2016 with an observation that the trial Court has to adjudicate whether the case would fall under Section 7 of the Act, 1956 of the Prevention of Immoral Trafficking Act.

3.

Learned counsel for the applicant would submit that the applicant is in jail since 30.04.2016, therefore, the bail application of the

Page No.2 applicant may be considered and he may be enlarged on bail. 4.

Perused the earlier bail rejection order dated 19.07.2016. The same has been rejected on merit taking into the nature of offence and larger ramification in the society and its impact the earlier bail application was dismissed as it is alleged that the applicant was one of the agent in commission of crime.

5.

Considering the fact I do not find any change of circumstances to reconsider the bail application again and the trial Court would be in the hold of the matter to decide the role played by the present applicant.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed. However, the trial Court is requested to expedite the trial.

Sd/- (Goutam Bhaduri) Judge Balram