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2025 DAILYLAW 35652 (CHH)

JUGAL KUMAR RAI @ JUGAL SHUKLA v. STATE OF CHHATTISGARH

MCRC/5718/2025 · 2025-07-21

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Judgment text

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1 2025:CGHC:34938 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5718 of 2025 1 - Jugal Kumar Rai @ Jugal Shukla S/o Shri Shasan Chandra Rai Aged About 39 Years R/o Village Damdama, Post Nahata, P.S. Gopalnagar, District - North 24, Parganas (West Bengal) Correct Address Mention Here) Currently R/o Bada Ashok Nagar, Gali Before Shamsahn Gaht, Near Transformer, P.S. Gudhiyari Raipur (C.G.) 2 - Ravi Thakre S/o Late Shri Krishna Rao Thakre Aged About 55 Years R/o Santoshi Nagar, Boriyakhurd R.D.A. Colony, Quarter No. M/325 P.S. Tikrapara District - Raipur (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through Police Station Saraswati Nagar, District - Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Prghalbha Sharma, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 22.07.2025 1. This is First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No.22/2025 registered at Police Station – Saraswati Nagar, District – Raipur (C.G.) for the offence punishable under Sections 4,5 and 7 of the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.25 13:00:36 +0530 2 Immoral Traffic (Prevention) Act, 1956. 2. As per prosecution story in brief is that the police conducted a raid at Hotal Radhika and apprehended two girls, during interrogation, it was revealed that applicants had instructed/managed them for night business (Prostitution). Further it has been alleged by the prosecution that they are involved in business of calling from other states and finding high profile clients for them. Hence FIR was registered. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. It is submitted by learned counsel for the applicant is that there are two cases registered against the present applicants for the same offence from different crime numbers, out of which one Crime No.89/2025 registered at Police Station-Telibandha District-Raipur(C.G.) against the present applicants, wherein they have already been granted bail in MCRC No.2060 of 2025 and MCRC No.3176 of 2025 vide common order dated 07.07.2025 by this Court and the second crime number bearing Crime No.22/2025 registered at Police Station-Saraswati Nagar, District-Raipur(C.G.) is present before this Court by filing instant bail application, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel, opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, further the fact that present applicants have already enlarged on regular bail in MCRC No.2060 of 2025 and MCRC No.3176 of 2025 vide common order dated 07.07.2025, from arising out of different crime number for the same offence therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, this bail application of applicants – Jugal Kumar Rai @ Jugal Shukla and Ravi Thakre involved in Crime No.22/2025 registered at Police Station – Saraswati Nagar, District – Raipur (C.G.) for the offence punishable under Sections 4,5 and 7 of the Immoral Traffic (Prevention) Act, 1956, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under 4 Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali