Nafr High Court
Case Details
1 / 7 2025:CGHC:3105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2060 of 2025 1 - Moh. Sajid S/o Moh. Tufani Aged About 28 Years R/o Vill. Semariya, P.S. Semariya, Distt. Chatra (Jharkhand). Present R/o Gali No. 01, C/o Riyaz's House, Moti Nagar, Santoshi Nagar, P.S. Tikrapara, Raipur, C.G. 2 - Mayank Humpal S/o Lt. Umesh Humpal Aged About 27 Years R/o Danteshwari Mandir, Golbazaar Near State Bank, P.S. Kotwali, Distt. Jagdalpur, C.G. Present R/o. Jagannath Enclave, Near Sai Mandir, Mahavir Nagar, P.S. New Rajendra Nagar, Raipur, C.G. 3 - Brijesh Saha S/o Vidhaan Saha Aged About 35 Years R/o Kamal Vihar, Sector 01, P.S. New Rajendra Nagar, Raipur, C.G. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.08 12:58:38 +0530 4 - Ravi Thakre S/o Krishna Rao Thakre Aged About 55 Years R/o Santoshi Nagar, Borai Kurd, P.S. Tikrapara, Raipur, C.G. ---Applicants versus State Of Chhattisgarh Through Police Station Telibandha, District Raipur (C.G. --- Respondent MCRC No. 4881 of 2025 Jagendra Uke @ Mohan S/o Hari Ooke Aged About 29 Years R/o Gudhiyari Handipara, P.S.- Gudhiyari District- Raipur, C.G. ---Applicant 2 / 7 Versus State Of Chhattisgarh Through Police Station- Telibandha Police Station, Raipur, District Raipur (C.G.) --- Respondent MCRC No. 3228 of 2025 Rishabh Sharma S/o Kamlesh Sharma Aged About 27 Years R/o Block No. 5e Chanakya Bhawan Devendra Nagar Raipur Teh. And District - Raipur (C.G.) ---Applicant Versus State Of Chhattisgarh Through Incharge Police Station Telibandha Raipur District - Raipur (C.G.) --- Respondent MCRC No. 3176 of 2025
Legal Reasoning
Jugal Rai @ Jugal Shukla S/o Shri Shasan Chand Rai Aged About 40 Years R/o Village Damdama, Post Nohaa, P.S. Gopal Napgar, District North 24 Pargana (West Bengal) Currently R/o Bada Ashok Nagar, Before Shamshan Ghat Near Gali Transformer, P.S. Gudiyari, Raipur, (Chhattisgarh) ---Applicant Versus State Of Chhattisgarh Through Police Station Telibandha, District Raipur (Chhattisgarh) --- Respondent MCRC No. 2572 of 2025 Manish Dubey S/o Late Brijbhushan Dubey Aged About 55 Years R/o Pragati Vihar Colony, Near Amleshwar, Verma Kirana Shop, Police Station - Amleshwar, District- Durg (C.G.) ---Applicant Versus 3 / 7 State Of Chhattisgarh Through - Station House Officer, Police Station - Telibandha, District- Riapur (C.G.) --- Respondent MCRC No. 2545 of 2025 Manoranjan Barik S/o Muralidhar Barik Aged About 28 Years R/o Village Barbaspur, P.O. Bhukel P.S.- Basna, District : Mahasamund, Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through Police Station- Telibandha, District Raipur, Chhattisgarh. --- Respondent MCRC No. 2125 of 2025 Shabana Ali W/o Mohammed Sabit Khan Aged About 40 Years R/o Vill- Santoshi Nagar, Distt.- Raipur (C.G.) ---Applicant Versus State Of Chhattisgarh Through - Police Station- Telibandha, Distt.- Raipur (C.G.) --- Respondent MCRC No. 2106 of 2025 1 - Dinesh Lilwani S/o Sevakram Lilwani Aged About 38 Years R/o Beside Kursi Factory, Krishnapuri, Devpuri, P.S. Tikrapara Distt.- Raipur, C.G. 2 - Ramendra Pathak S/o Kamta Prasad Pathak Aged About 32 Years R/o Satyam Vihar, Gali No. 02, Near Aata Chakki, P.S. D.D. Nagar, Raipur, C.G. 3 - Durgesh Panagar S/o Motiram Panagar Aged About 31 Years R/o Ravidas Nagar, Ward No. 04, Behind P.G. College, P.S. City Kotwali Kawardha, C.G. 4 / 7 Versus ---Applicants State Of Chhattisgarh Through Police Station Telibandha, District- Raipur (C.G.) --- Respondent For respective Applicants : Mr. Pragalbha Sharma, Mr. B.P. Singh, Ms. Varsha, Mr. Goutam Khetrapal,Mr Shahid Siddiqi Ms. Vedagni Jangde and Mr. Anway Tiwari, (through V.C.) For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri , Chief Justice Ramesh Sinha Order on Board 07.07.2025 1. 2. All the above bail applications arise from the same Crime No. 89/2025,
Decision
accordingly, are being heard together and disposed of by this common order. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 89/2025, registered at Police Station : Telibandha, District – Raipur (C.G.) for the offence punishable under Sections 4,5 & 7 of Immoral Traffic (Prevention) Act, 1956. 3. That the case of the prosecution is that, on investigation in crime no. 83/2025 registered at Police station Telibandha, police suspected that the accused persons are related to prostitution. On inquiring further about their relation, the girl revealed she was set up by one Jugal Shukla works as an agent, on that basis he was arrested and, on his statement, police registered present crime U/s 4, 5 & 7 of The Immoral Traffic (Prevention) Act 1956. And all the present accused persons 5 / 7 were made accused on the basis of the statement made by Jugal Shukla. Hence the FIR. 4. Learned Counsel for the applicants submits that the present applicants 5. 6. 7. have been falsely implicated. He further submits that applicants have no role to play in commission of of the alleged offfence and the entire case case of the prosecution is taken as it is then also no case is made out as against the presents applicants under the offences charged with and in the case co-accused namely Shukla Bishwas and Mohd. Shabbir have already been enlarged on bail by the learned lower court vide order dated 20.02.2025, Therefore, he prays for grant of regular bail to the applicants. On the other hand, the learned State counsel opposes the bail application. I have heard learned counsel for the parties and perused the case- diary. It is argued by the learned counsel for the applicants that Crime Case No. 83/2025 was registered under Sections 281, 125(a), 110, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, against Bhavesh Aacharya and Nodira Kon Sattarova, who is a foreign national, for driving a vehicle in a rash and negligent manner. They were arrested and subsequently granted bail by the trial Court on 20.02.2025 and 22.05.2023, respectively. It is submitted that the statement of the foreign national was recorded, on the basis, of which the present offence has been registered against the applicants. It is further stated that the applicants were merely working as a cab driver, hotel receptionist, and others engaged in other activities. Considering the facts and circumstances of 6 / 7 the case, the nature of the allegations leveled against the applicants, the fact that the applicants have no criminal antecedents, and also taking into account that the charge sheet has been filed and the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicants. 8. Let applicants, Moh. Sajid, Mayank Humpal, Brijesh Saha, Ravi Thakre, Jagendra Uke @ Mohan, Rishabh Sharma, Jugal Rai @ Jugal Shukla, Manish Dubey, Manoranjan Barik, Shabana Ali, Dinesh Lilwani, Ramendra Pathak & Durgesh Panagar involved in Crime No. 89/2025, registered at Police Station : Telibandha, District – Raipur (C.G.) for the offence punishable under Sections 4,5 & 7 of Immoral Traffic (Prevention) Act, 1956, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure her presence, 7 / 7 proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Vaibhav Sd/- (Ramesh Sinha) Chief Justice