This common order grants regular bail to multiple co-accused in cases under the Prevention of Immoral Traffic Act alleging flesh trade, noting that investigation is complete and detention is no longer required.
Applicants released on bail by furnishing a personal bond of Rs. 25,000/- with one local surety of like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
Versus
And
MCRC No. 7024 Of 2017
Vs
And
MCRC No. 7345 Of 2017
Vs
And
MCRC No. 7114 Of 2017
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| ---- Applicant Vs |
|---|
| 1. State Of Chhattisgarh Through Station House Officer, Police Station Gandai, District Rajnandgaon Chhattisgarh ---- Non-applicant And MCRC No. 7160 Of 2017 |
| 1. Bisan Bai W/o Kanuk Satnami, Aged About 50 Years, R/o Ward No. 15, Nayapara, Gandai, Tahsil Chhuikhadan, District Rajnandgaon, Chhattisgarh. |
| 2. Phoolbatiya Bai, W/o Punaram Kurre, Aged About 39 Years, R/o Ward No. 15, Nayapara, Gandai, Tahsil Chhuikhadan, District Rajnandgaon, Chhattisgarh. |
| 3. Anjana Madaiya, W/o Utra Madaiya, Aged About 25 Years, R/o Ward No. 15, Nayapara, Gandai, Tahsil Chhuikhadan, District Rajnandgaon, Chhattisgarh. |
| 4. Vijay S/o Shatruhan Chauhan, Aged About 26 Years, R/o Devrikhurd, Police Station Torwa, District Bilaspur, Chhattisgarh. ---- Applicants Vs |
| 1. State Of Chhattisgarh Through Station House Officer, Police Station Gandai, District- Rajnandgaon, Chhattisgarh. ---- Non-applicant And MCRC No. 7026 Of 2017 |
| 1. Lavkush Burman S/o Ashok Burman, Aged About 26 Years, R/o Ward No. 8, Dhaud, District Kabirdham Chhattisgarh ---- Applicant Vs |
| 1. State Of Chhattisgarh Through Station House Officer, Police Station Gandai, District Rajnandgaon, Chhattisgarh. ---- Non-applicant And MCRC No. 7046 Of 2017 |
| 1. Smt. Sandhya Satnami W/o Sanjay Satnami, Aged About 23 Years, R/o New Rajendra Nagar, Raipur District Raipur Chhattisgarh ---- Applicant Vs |
| 1. State Of Chhattisgarh Through The District Magistrate, Rajnandgaon District Rajnandgaon Chhattisgarh ---- Non-applicant And MCRC No. 7162 Of 2017 |
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| 1. Santoshi D/o Budhram Satnami, Aged About 30 Years, R/o Ward No. 15, Nawapara, Gandai, Police Station Gandai, Tahsil Chhuikhadan, District Rajnandgaon, Chhattisgarh. ---- Applicant Vs |
|---|
| 1. State Of Chhattisgarh Through Police Station Gandai, District Rajnandgaon, Chhattisgarh. ---- Non-applicant And MCRC No. 7155 Of 2017 |
| 1. Itwari S/o Birjhu Satnami, Aged About 45 Years, R/o Nawapara, Gandai, Tahsil Chhuikhadan, District Rajnandgaon, Chhattisgarh. ---- Applicant Vs |
| 1. State Of Chhattisgarh Through Police Station Gandai, District Rajnandgaon, Chhattisgarh. ---- Non-applicant And MCRC No. 7278 Of 2017 |
| 1. Raghuvir Sahu S/o Mukhiram Sahu, Aged About 23 Years, R/o Ward No. 18 Shaki Nagar Durg, District Durg Chhattisgarh ---- Applicant Vs |
| 1. State Of Chhattisgarh Through The District Magistrate, Rajnandgaon, District Rajnandgaon Chhattisgarh ---- Non-applicant And MCRC No. 7198 Of 2017 |
| 1. Mohit Jhariya S/o Lala @ Uttam Jhariya, Aged About 25 Years, R/o Ward No.1, Pandariya, Gandai, Tahsil Chhuikhadan, District Rajnandgaon, Chhattisgarh. ---- Applicant Vs |
| 1. State Of Chhattisgarh Through Station House Officer, Police Station Gandai, District Rajnandgaon, Chhattisgarh. ---- Non-applicant And MCRC No. 7281 Of 2017 |
| 1. Smt. Sarita Bai Jendra W/o Devcharan Jendra, Aged About 38 Years, R/o New Rajendra Nagar, Raipur, District Raipur, Chhattisgarh |
| 2. Smt. Laxmi Mirche W/o Salim Mirche, Aged About 30 Years, R/o Kumhari, P.S. Sahaspur Lohara, District Kabirdham, Chhattisgarh ---- Applicants |
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Vs
---- Non-applicant
For Applicant(s) –Shri Rakesh Pandey, Advocate (in MCRC No.6949/2017, MCRC No.7046/2017, MCRC No.7278/2017 and MCRC No.7281/23017),
Shri Abhishek Sharma, Advocate (in MCRC No.7024/2017, MCRC No.7160/2017 and MCRC No.7198/2017), Shri C.K.Sahu, Advocate (in MCRC No.7114/2017 and MCRC No.7026/2017),
Shri Krishna Kumar Dewangan, Advocate (in MCRC No.7345/2017),
Shri Tarendra Kumar Jha and Shri Ganesh Burman, Advocates (in MCRC No.7162/2017 and MCRC No.7155/2017).
For Non-applicant/State – Shri Aditya Sharma, Panel Lawyer.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
Order on Board
02-01-2018
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MCRC No.7150/2017 dated 12-12-2017 and in MCRC No.2398/2017 vide order dated 13-06-2017. It is prayed that the applicants are ready to abide by all the conditions imposed for granting bail to them. Charge sheet has been filed in both the crime numbers. On these grounds, it is prayed that the applicants may be granted regular bail.
4 . Learned counsel for the applicants in MCRC No.7024/2017 and MCRC No.7155/2017 submit that these applicants have been falsely implicated without there being any evidence against them. The co-accused person in Crime No.268/2017 has been benefited with grant of bail. The applicants in these cases have similar case. Hence, it is prayed that these applicants may also be granted regular bail.
5 . Learned counsel for the State/non-applicant opposes the applications and submissions made in this respect. It is submitted that the cases registered against all these applicants are of serious nature in which minimum sentence is prescribed for each of the offence committed and the offence committed by these applicants is against morality and well being of society. Hence, for these reasons, the applicants are not entitled for grant of regular bail.
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diary. Looking to this fact that detention of the applicants for the purposes of investigation is no longer required and the trial of the case is likely to take some time before its conclusion and stringent condition can be imposed for appearance of the applicants before the trial Court, for these reasons, all the applications are allowed.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Aadil
1 issue framed by the court
Whether bail should be granted to the co-accused in cases under Section 3, 4, and 5 of the Prevention of Immoral Traffic Act.
2 provisions across 2 enactments
Rajesh Kelzare and others
Sonarin Bai and others
Laxman Thakur and others
Kishore Kumar
Bisan Bai and others
Lavkush Burman
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
