Nafr High Court
Case Details
1 2025:CGHC:40993 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5461 of 2025 Kushadhvaja Bag @ Kunal S/o Late Rajindra Bag Aged About 42 Years R/o Village- Bangomunda, Kandubeheli Para, P.S.- Bangomunda, District- Balangir (Odisha), At Present R/o Hotel Gagan Grand, Fafadih Chowk, Bilaspur Road, P.S.- Ganj, Raipur, District (Revenue and Civil)- Raipur (C.G.) --- Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Ganj, Raipur, District - Raipur (C.G.) --- Non-Applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.14 19:54:52 +0530 MCRC No. 5872 of 2025 Revati Sahu D/o Bodhiram Sahu Aged About 30 Years Address Fafadih Chowk, Bilaspur, Road, Raipur, Distt- Raipur Chhattisgarh. ---Applicant Versus State of Chhattisgarh Through- The Police Station Ganj Dist- Raipur. Chhattisgarh. --- Non-Applicant MCRC No. 5991 of 2025 Sumit Bavaria S/o Late Anant Ram Bawaria, Aged About 40 Years R/o Devendra Nagar Sector- 1, Raipur (C.G.) ---Applicant Versus 2 State Of Chhattisgarh Through Police Station Ganj, Raipur, District Raipur (C.G.) --- Non-Applicant MCRC No. 5477 of 2025 1. Subrat Sethi S/o Brajbandhu Sethi Aged About 32 Years R/o Village- Sainbiri, Post- Gadasila, P.S.- Sadar, District- Dhenkanal (Odisha) At Present R/o Hotel- Gagan Grand, Near Pili Building, Fafadih, District- (Revenue And Civil)- Raipur (C.G.) 2. Nilambar Bag S/o Kaliyamani Bag Aged About 29 Years R/o Village- Kenduwali, P.S.- Bagomunda, District- Balangir (Odisha), At Present R/o B.S.U.P. Colony, Block No. 7, House No. 22, Saddu, P.S.- Mowa, Raipur, District- (Revenue and Civil)- Raipur (C.G.) ---Applicant Versus State of Chhattisgarh Through Station House Officer, Police Station- Ganj, Raipur, District Raipur (C.G.) For Applicants (in MCRC No. 5461/2025 and 5477/2025) For Applicant (in MCRC No. 5827/2025) For Applicant (in MCRC No. 5991/2025) For Non-Applicant/State --- Non-Applicant
Legal Reasoning
: Mr. Yogesh Pandey, Advocate. Mr. Raza Ali, Advocate. Mr. Maneesh Sharma, Advocate. : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2025 1. Since the above-mentioned bail applications arise out of same crime number, they are clubbed and heard together and are being
Decision
disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicants who has been arrested in 3 connection with Crime No. 129/2025 registered at Police Station Ganj, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956. 3. Case of the prosecution, in brief, is that on the intervening night of 17.05.2025-18.05.2025, after receiving a secret information, the police of Police Station Ganj, Raipur, conducted raids at the premises of Hotel Gagan Grand, Fafadih Chowk, Raipur, and Hotel Aditya Guest House, Raipur. During the raids, several accused persons were arrested for allegedly being involved in providing call girls for prostitution, thereby committing offences punishable under the Immoral Traffic (Prevention) Act, 1956. It is further alleged by the prosecution that co-accused Subrat Sethi (Manager) and Kushdhwaj Baagh, who were operating and managing both hotels on rent from their original owners, named the present applicant as a partner in their memorandum statements. Accordingly, the applicant has also been arrested by the police on the same basis. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. They further submitted that the applicants have no role to play in commission of the alleged offences. They also submits that the other accused, namely, Manoj Kumar Vaishnav (B.A. No. 1330/2025) and Tejeshwar Kumar Dadsena (B.A. No. 1331/2025) were granted bail by the First Additional Sessions Judge, Raipur (C.G.), further the applicants have no previous criminal antecedents. The charge-sheet has been filed and they are said to be in jail since 4 25.05.2025, 18.05.2025,17.05.2025 and 25.05.2025 respectively. Thus, looking to the above, it is prayed that the applicants may be enlarged on bail. 5. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application. 6. I have heard learned counsel appearing for the parties and perused the document available on record. 7. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicants and the fact that the present applicants have no criminal antecedents, they are said to be in jail since 25.05.2025, 18.05.2025,17.05.2025 and 25.05.2025 respectively, and further the charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the bail applications are allowed. Let Applicants - Revati Sahu, Sumit Bavaria involved in Crime No. 129/2025 registered at Police Station Ganj, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956, be released on bail on his furnishing a personal bond with two sureties each and applicants, namely, Kushadhvaja Bag @ Kunal, Subrat Sethi and Nilambar Bag involved in Crime No. 129/2025 registered at Police Station Ganj, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956, be released on bail on his furnishing a personal bond with two local 5 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 he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, 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 applicant is deliberate or 6 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 him in accordance with law. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Preeti Sd/- (Ramesh Sinha) CHIEF JUSTICE