Order on Board

29.08.2023

1. The is first application filed under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail to applicant, who is in custody since 23.04.2023 in connection with Crime No.149 of 2023, registered at Police Station Ganj, Raipur, District Raipur (C.G.), for the commission of offence punishable under Sections 3, 4 & 5 of Immoral Traffic (Prevention) Act, 1956 (PITA Act).

2. Case of the prosecution, is that, on 23,04.2023, Police received a secret information that applicant was running brothel at Hotel Elora, Fafadih Chowk, Police Station Ganj, Raipur. Police raided the premises and found one male and female at Room No.101 in an objectionable condition. When Police interrogated the lady, she informed that present applicant has called her and Police seize one mobile phone from present applicant, one mobile phone and two packets of condom from co-accused Rajesh Bhoie and one mobile phone and a packet of condom from the said lady. On the basis of said information, Police registered the aforesaid offence against the applicant and other co-accused persons.

3. Learned counsel for the applicant would submit that applicant is innocent and has been falsely implicated in crime in question. He further submits that there is no iota of evidence to connect the applicant into aforesaid offences. It is contended that offence is trial by the Magistrate. It is further contended that charge- sheet has been filed and applicant is in jail since 23.04.2023. It is argued that trial may likely to take some time. It is lastly contended that there is no likelihood of his case being decided in near future, therefore, present applicant may be enlarged on bail.

4. On the other hand, learned counsel for the State opposing the submissions made by learned counsel for the applicant and would submit that there is specific allegation against the applicant. He would further submit that applicant is Manager of Hotel Elora and he along with co-accused Rajesh Bhoie used to run brothel in the hotel premises, hence, he is not entitled for grant of bail.

5. I have heard learned counsel for the parties.

6. Taking into consideration facts and circumstances of the case, rival submissions made on behalf of the parties, nature of allegations, there is no criminal antecedent against the applicant, trial may likely to take some time, charge-sheet has been filed and applicant is in jail since 23.04.2023, without commenting anything on the merits of the case, I am inclined to release the applicant on regular bail.

7. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial.