An applicant is entitled to regular bail when the charge-sheet has been filed, the investigation is complete, and the trial is expected to take time, provided the nature of the offence and custody period justify release.

Order on Board

1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 57/2026 registered at Police Station – City Kotwali, District – Raigarh (C.G.), for the offences punishable under Section 3, 4, 5 & 7 of the Immoral Traffic (Prevention) Act, 1956.

2. The prosecution case, in brief, is that on 09.02.2025, the City Superintendent of Police, namely Mayank Mishra, submitted a written report stating that on 09.02.2020, Sub-Inspector A.K. Dewangan, who was posted at Police Station City Kotwali, received secret information to the effect that, for the purpose of earning illegal monetary gain, prostitution activities were being carried out at a spa centre named “Sunrise Spa and Salon,” situated on the 7th Floor of Hotel Trinity Grand, Raigarh.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, as no offence, much less under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956, is made out against him. It is contended that the applicant is neither the Manager nor an employee of Hotel Trinity Grand, Raigarh, and that the General Manager of the said hotel is one Anupam Mukherjee, whose appointment order dated 11.12.2025 has been filed as Annexure A-3. It is further submitted that the hotel is a four-star establishment undergoing civil expansion work for the past two years, and the applicant, being a friend of the owner, was merely entrusted with supervising the civil construction work and related purchases and installations, which is evident from the invoices bearing his signature and WhatsApp screenshots annexed as Annexure A-4. On the date of the alleged incident, when the police raided the hotel premises, the owner was out of India, and the applicant had only visited the spot to observe the proceedings and inform the authorities that the owner was unaware of the alleged activities of the spa centre; however, due to this discussion, he has been falsely implicated. It is further contended that neither the women allegedly involved nor any independent witness has stated anything regarding the applicant’s involvement, and the applicant has been implicated solely on the basis of the memorandum statement of a co-accused, which is inadmissible in evidence. Nothing has been seized from the applicant, and even otherwise, the essential ingredients of the alleged offences, including prostitution, inducement, or permitting the premises to be used as a brothel, are not made out against him. No statements of any alleged customers have been recorded to substantiate the prosecution case. It is also submitted that the offences alleged are triable by the Court of Judicial Magistrate and are neither punishable with death nor imprisonment for life. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with evidence, the investigation is complete and the charge-sheet has been filed, and he is ready to furnish adequate security and abide by any conditions that may be imposed by this Hon’ble Court while granting bail.

4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the fact