Narayan Sahu v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 990 of 2017

1. Narayan Sahu, S/o. Jagdish Sahu, Aged About 47 Years, R/o. Village Jamgaon, At Present R/o. Bhalesar Road, Adarsh Nagar, Mahasamund, Police Station, Tahsil & District - Mahasamund Chhattisgarh.

----Applicant

Versus

1. State Of Chhattisgarh, Through: Station House Officer, Police StationMahasamund, District- Mahasamund, Chhattisgarh. ---- Respondent For Applicant : Mr. Vikash Pradhan, Advocate For Respondent/State : Mr. U.K.S. Chandel, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 02/03/2017

1. This is the third 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. 404/2016, registered at Police Station - Mahasamund, District - Mahasamund (C.G.) for the offence punishable under Section 3, 4, 5, 7 & 8 of Immoral Traffic (Prevention) Act, 1956. The earlier bail application was dismissed as withdrawn with liberty to repeat the same after filing of the chargesheet. 2.

As per the case of the prosecution, in brief, is that on information received that the applicant was running prostitution in the house on 13.08.2016 on the basis of fake customers, when the customer went to the house of the applicant, two girls and the note which was signed with mark were recovered. It is alleged that the applicant is running brothel house and was involved in immoral trafficking. Thereby the offence has been committed.

Page No.2 3.

Learned counsel for the applicant would submit that this is third bail application. The earlier bail application was dismissed as withdrawn with liberty to repeat the same after filing of the charge-sheet and now the charge-sheet has been filed. It is further submitted that the applicant has been falsely implicated in this case and he is in jail since 13.08.2016 and no further investigation is required, therefore, the applicant may be enlarged on bail.

4.

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

5.

I have heard learned counsel appearing for the parties. 6.

Perused the case diary and the documents. Considering the facts and circumstances of the case and further taking into the degree of allegation levelled against the applicant and the fact that charge-sheet in this case has been filed and the applicant is in jail since 13.08.2016, this Court is of the opinion that present is a 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 his 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 his appearance as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram