Manish Chandwani & ANR. v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9924 of 2018 1.

Manish Chandwani S/o Ram Chand Chandwani Aged About 36 Years R/o Khusboo Vihar, Amleshwar, P. S. Amleshwar, District Durg Chhattisgarh, District : Durg, Chhattisgarh 2.

Kamal Pathane @ Bittu S/o Baharat Pathane Aged About 30 Years R/o Bhatgaon, Rawatpura Colony, Ahilya Watika, P. S. Purani Basti, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicants

Versus

• The State Of Chhattisgarh Through The Police Station Vidhansabha Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Non-applicant For Applicants : Shri L.K. Mishra, Advocate.

For Non-applicant : Shri SRJ Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 18.01.2019

1. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 404/2018 registered at Police Station - Police Station Vidhansabha Raipur (C.G.) for the offence punishable under Sections 370A of the Indian Penal Code, Sections 4, 5 of the Prevention of Immoral Trafficking Act and Section 67 IT Act.

3. Case of the prosecution, in brief is that applicant No. 1 Manish Chandwani had called complainant for doing domestic works in houses. She reached Raipur on 24.10.2018, thereafter, the applicants compelled her to prostitution. They used to give her threatening that if she will not do prostitution, then they will defame her and viral the information in net.

4. Learned counsel for the applicants argued that applicants have no criminal background, they are innocent, therefore, they shall be released on bail. 5.

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

6. Counsel for the applicants drew my attention on the true copy of the application of complainant addressed to Kendra Prabhari, Sakhi Centre, Raipur and another application written by Pooja Das.

7.

These applications are the subject matter of the scrutiny which could be done by the trial Court at the time of disposal of the case.

8. Looking to the facts and circumstances of the case, looking to the seriousness of the offence, looking to the impact of granting bail to the applicants on society, the present bail application is rejected.

9. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore