1 2025:CGHC:19382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 562 of 2025 1 - Azmat Khan S/o Hasmat Khan Aged About 49 Years R/o- 135, Dhantiya, Bareli, P.S.- Teoliya, Tahsil- Teoliya, Distt.- Bareli (U.P.) 2 - Mohammad Nazir S/o Mohammad Sharif Aged About 44 Years R/o- Ward No. 07, Shishgarh Dehat, Tahsil- Mirganj, P.S.- Shishgarh, Bareli, Distt.- Bareli (U.P.) ... Applicants versus State Of Chhattisgarh Through- Station House Officer, P.S.- Kasdol (Now P.S.- Lawan), District- Balodabazar-Bhatapara (C.G.) ... Respondent For Applicants : Shri Awadh Tripathi and Shri Raj Bahadur, Advocates. For Respondent/State : Shri Hariom Rai, PL. For complainant : Mohd. Waquar Rizvi and Shri Dev Prakash, Advocates. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29/04/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.30 17:37:25 +0530 2 Crime No.148/2019 registered at Police Station – Kasdol, (now P.S.-Lawan) District- Balodabazar- Bhatapara (C.G.) for the offences punishable under Sections 370 (3), 342, 374, 506, 34 of I.P.C. 2. Case of the prosecution, in brief, is that on- 05.3.2019 the complainant namely Parasram Ratre has made a complaint before the police station- Kasdol (now P.S. Lawan) District :- Baloda Bazar- Bhatapara (C.G.) alleging that in the year 2018 the accused Vishnu Patre of village-Pachpedi, Masturi District-Bilaspur (C.G.) has approached to them and offered to provide Job in Bricks company and also assured them about attractive wages on the assurance given by the Vishnu Patre the complainant along-with other villagers/labours went to Village Sahbegpur, of District- Shahjahanpur (U.P.), and after working for some time they have subjected to ill treatment by the present applicants and other co accused of the case, and all the labours were treating as bondage labour and not providing basic facilities and also not allowed them to return to their homes. On the basis of complaint made by the complainant the police concerned has registered a Crime (FIR no. 148/2019) against the present applicants and other accused persons of the case for the alleged offence punishable under section- 370 (3), 342, 374, 506, 34 of IPC. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. He would submit that present FIR is nothing but a result of misuse of 3 process of law and the applicants neither committed as such offences mentioned in the complaint even they are the persons who run their business very honestly even the complainants had taken the money/wages on advance but not working properly and always used to consume the liquor/alcohol, and this was the main reason which later on converted into a allegation of human trafficking. He would submit that the applicants have run their brick manufacturing business very sincerely and always tried to give better treatment towards the labours even the applicants through their Firm given the advance wages to labours, and applicants have also maintained the staff register and made entry with regard to presence of the labour and their payment of wages, therefore it can't be said that the applicants have ill treated the labours. He would submit that the applicants are the genuine businessman who run their business through partnership deed and having GST registration certificate, the entire allegation is baseless. He would submit that the co-accused namely Vishnu Patre has already been enlarged on bail by this Hon'ble Court vide it's order dated-19.6.2019. Therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. He would submit that charge sheet has not been filed. 5. Learned counsel for the complainant submits that they have no objection for grant of bail to the applicants. 4 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the fact that in the year 2018 the accused Vishnu Patre of village-Pachpedi, Masturi District-Bilaspur (C.G.) has approached to complainant and offered to provide Job in Bricks company and also assured them about attractive wages on the assurance given by the Vishnu Patre the complainant along-with other villagers/labours went to Village Sahbegpur, of District-Shahjahanpur (U.P.), and after working for some time they have been subjected to ill treatment by the present applicants and other co-accused of the case, and all the labours were treated as bondage labour and were not provided basic facilities and also not allowed them to return to their homes, considering the nature of allegation against the present applicants and considering the materials available on record, this Court find it appropriate to grant anticipatory bail to the applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 Azmat Khan and applicant No.2 Mohammad Nazir, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- (a) The applicants shall not directly or indirectly make any inducement, threat or promise to any person 5 acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri