Chandra Lakshi Rai Alias C Lachi Rai Alias Chandra Lachi Rai Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Chandra Lakshi Rai Alias C Lachi Rai Alias Chandra Lachi Rai Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to both petitioners in connection with Lalpur PS Case No.146 of 2024, on bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-XXVII, Ranchi, subject to conditions of cooperation in trial and appearance on every date as required.

Issue for consideration

Whether the petitioners, accused in Lalpur PS Case No.146 of 2024 for offences under the IPC, Immoral Traffic (Prevention) Act and Excise Act, deserve to be enlarged on bail.

Ratio / Principle

Having taken into consideration the persuasive submissions advanced on behalf of the petitioners, the Court found it just and fair to enlarge both petitioners on bail.

Key takeaways

Petitioners directed to be enlarged on bail on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-XXVII, Ranchi, subject to cooperation in the trial and appearance before the court below on each and every date as required, failing which appropriate order for cancellation of bail may be passed in accordance with law.ratio¶19

Detailed headnote1 paragraphs

Criminal bail — Regular bail — Petitioners, alleged staff of 'Bombo International Spa', Lalpur, arraigned as accused in Lalpur PS Case No.146 of 2024 (dt. 02.06.2024) under Ss. 467, 420, 290, 294, 34 IPC, Ss. 3, 4, 5, 7 Immoral Traffic (Prevention) Act and S. 47(a) Excise Act — Allegation that illegal prostitution was going on at the spa — Plea that petitioners innocent, mere staff with no role in unlawful activities, in jail since 25.06.2024, no criminal history, charge-sheet filed and possibility of tampering remote — Parity urged with co-accused Gaurav Agarwal, Shalu @ Richa Rai Gulati @ Shallu Gulati and Soni Khatoon (bail in BA Nos. 5928 and 5929 of 2024) and Wannisa Chaibamrung and others (bail in B.A. No.6199 of 2024, order dt. 03.09.2024) — APP opposed but did not deny the parity facts — Held, taking the persuasive submissions into account, just and fair to enlarge both petitioners on bail — Bail bond Rs. 25,000/- each with two sureties of like amount to learned Judicial Magistrate-XXVII, Ranchi — Conditions: cooperation in trial and appearance before court below on each and every date, failing which cancellation in accordance with law.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6287 of 2024

Chandra Lakshi Rai @ C. Lachi Rai @ Chandra Lachi Rai

Kavita Dutta @ Kabita Dutta ..... Petitioners

Versus

The State of Jharkhand …. Opp. Party

CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

For the Petitioners : Mr. Ashutosh Anand, Advocate Mr. Niraj Kr. Mishra, Advocate For the State : Mr. Satish Kr. Keshri, APP -----

5/04.09.2024 Heard learned counsel appearing for the petitioners and learned

APP appearing for the State.

Both these petitioners are accused in connection with Lalpur PS Case No.146 of 2024 dated 02.06.2024, registered under sections 467, 420, 290, 294, 34 of Indian Penal Code, under Sections 3,4,5,7 of Immoral Traffic (Prevention) Act and under Section 47(a) of the Excise Act.

It is submitted on behalf of the petitioners that as per the prosecution story, these two petitioners are said to be the staffs of Bombo International Spa, Lalpur, where it was found that illegal prostitution was going on.

It is submitted on behalf of the petitioners that they are innocent and they are the staffs of the said Bombo International Spa and they have no role to play in unlawful, immoral activities of the prostitution.

Further, it has also been submitted that both the petitioners are in jail since 25.06.2024 and there is no criminal history against any one of them.

Further, it has also been pointed out that the similarly situated coaccused persons and the staff of the said international spa, namely Gaurav Agarwal and other co-accused persons namely Shalu @ Richa Rai Gulati @ Shallu Gulati and Soni Khatoon have been enlarged on bail in BA No.5928 of 2024 and B.A. No. 5929 of 2024 and other co-accused persons namely Wannisa Chaibamrung @ Wannisa Chaubanreng @ Wamlsa, Wanida Lemontee @ Wanida and Wiranchana Yangsuai @ Wironchana Yang Suai @ Wiranchana have also been enlarged on bail in B.A. No.6199 of 2024 vide order dated 03.09.2024.

It is further submitted that the charge-sheet in this case has been submitted and the possibility of tampering with the evidence is very remote and therefore it is submitted that these petitioners also deserve to be enlarged on bail.

On the other hand, learned APP appearing on behalf of the State opposed the contentions raised on behalf of the petitioners and submitted that they were the staffs of the said international spa and they were involved in the commission of the offence, but did not deny the facts that similarly situated co-accused persons namely Gaurav Agarwal and other co-accused persons namely Shalu @ Richa Rai Gulati @ Shallu Gulati and Soni Khatoon have been enlarged on bail in BA No.5928 of 2024 and BA No. 5929 of 2024 and other co-accused persons namely Wannisa Chaibamrung @ Wannisa Chaubanreng @ Wamlsa, Wanida Lemontee @ Wanida and Wiranchana Yangsuai @ Wironchana Yang Suai @ Wiranchana have also been enlarged on bail in B.A. No.6199 of 2024 vide order dated 03.09.2024 by the co-ordinate Bench of this Court.

Having heard learned counsels for the parties, perused the record of this case.

Having taken into consideration the persuasive submissions advanced on behalf of the petitioners, it is found just and fair to enlarge the petitioners on bail.

Accordingly, petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties of the like amount each to the satisfaction of the court of learned Judicial Magistrate-XXVII- Ranchi, in connection with Lalpur PS case No.146 of 2024, subject to the condition that the petitioners will cooperate in the trail and will appear before the learned court below on each and every date as and when required by them, failing which, appropriate order shall be passed by the learned court below for the cancellation of bail in accordance with law.

(Navneet Kumar, J.)

R.Kumar

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