Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 34530 (CHH)

DAVID v. STATE OF CHHATTISGARH

MCRCA/1026/2025 · 2025-07-13

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:32692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1026 of 2025 David S/o Devraj Kumar, Aged About 39 Years R/o Village Pahanda, District Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Purani Basti, District Raipur Chhattisgarh ... Non-Applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 14.07.2025 1. The applicant has preferred this second bail application under Section 482 of the Bharatiya Nyay Nagarik Suraksha Sanhita, 2023 apprehending his arrest in connection with Crime No. 224/2025, registered at Police Station – Purani Basti, District - Raipur (C.G.) for alleged commission of offence punishable under Sections 4, 5 and 7 of the Immoral Traffic (Prevention) Act. 2. Earlier first bail application of the applicant was rejected by this Court vide order dated 03.07.2025 passed in MCRCA No. 955/2025, on technical grounds. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.15 18:00:04 +0530 2 3. As per the case of the prosecution, is that the Police of Police Station Purani Basti, District - Raipur (C.G.) has received a secret information that the applicant has committed illegal engage in prostitution to the girls at Italiya House near Bhathagaon. Based upon such complaint, the Police has registered the FIR against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent has he has been falsely implicated in this case. He further submits that the earlier first bail application of the applicant was not rejected on merits. Further, the applicant has neither committed any illegal activities related to subjecting girls to exploitation, nor has he committed any aforesaid offences as alleged by the prosecution against him. He further submits that the applicant had no knowledge about the incident nor played any role in connection with the crime. Further, the applicant has no any previous criminal antecedents. Hence, he prays for grant anticipatory bail to the applicant. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. He further submits that from the perusal of the document available, it appears that an information was received from an informer that in a house near Italia House, Bhatgaon, some people were earning money through immoral prostitution. After this information, the police of Purani Basti police station along with witnesses went to that house, surrounded it, got the door opened and entered inside, where, apart from the pointer, four girls were found. On searching those girls as per rules, three notes of Rs. 500/- given by the pointer for doing prostitution were recovered from their possession. Also, during interrogation of those girls and about the mobile recovered from them, it was informed that the mobile belonged to accused/applicant David Kumar, in which some objectionable chatting was also found. It has also been found out that 3 accused/applicant David had taken that house on rent and he used to meet another accused and talk to the customers and fix the rate for prostitution. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 6. I have heard learned counsel for the parties and perused the impugned order passed by the trial Court. 7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and from perusal of the document available, it transpires that an information was received from an informer that in a house near Italia House, Bhatgaon, some people were earning money through immoral prostitution, based on information from an informer, the police raided a house near Italia House, Bhatgaon, where they found four girls and recovered ₹1,500 from them, which was given by a pointer for prostitution, further, the mobile phone recovered from the girls belonged to the applicant, namely, David Kumar, and contained objectionable chats, it was also found that David Kumar had taken the house on rent and was involved in arranging customers and fixing rates for prostitution, this Court deems it appropriate not to grant anticipatory bail to the applicant. 8. Accordingly, the Second Anticipatory Bail application of the applicant – David filed under Section 482 of BNSS, involved in Crime No. 224/2025, registered at Police Station – Purani Basti, District - Raipur (C.G.) for alleged commission of offence punishable under Sections 4, 5 and 7 of the Immoral Traffic (Prevention) Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti