1 2025:CGHC:43597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6746 of 2025 Nishamani Behra W/o Subrat Sethi Aged About 27 Years R/o Saibiri, Post Gadasila, P.S. Sadar, Dist. Denkanal Odisha ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Ganj, Dist. Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Raza Ali, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129/2025 registered at Police Station Ganj, Dist. Raipur (C.G.) for the offence punishable under Sections 3, 4, 5, 7 of Immoral Traffic (Prevention) Act (for short ‘ PITA’ Act). 2. Case of the prosecution, in brief, is that on the intervening night of 17/18.05.2025, acting on secret information, the police of Police Station Ganj, Raipur, conducted raids at the premises of Hotel Gagan AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Grand, Fafadih Chowk, Raipur, and Hotel Aditya Guest House, Raipur. During the raids, several accused persons were apprehended for allegedly engaging in providing call girls for prostitution, thereby committing offences punishable under the Immoral Traffic (Prevention) Act, 1956. It is further alleged by the prosecution that co-accused Subrat Sethi (Manager) and Kushdhwaj Baagh, who were operating and managing both hotels on rent from their original owners, named the present applicant as a partner in their memorandum statements. On the basis of the said statements, the applicant was also arrested by the police. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that five of the identically situated co- accused persons, namely, Kushadvaja Bag @ Kunal, Revati Sahu, Sumit Bavaria, Subrat Sethi and Nilambar Bag have already been granted bail by this Court vide common order dated 13.08.2025 in MCRC Nos. 5461 of 2025, 5872 of 2025, 5991 of 2025 and 5477 of 2025. The applicant is in jail since 17.05.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant alongwith other co-accused persons allegedly engaged in providing call girls for prostitution, thereby committing offences punishable under the Immoral Traffic (Prevention) Act, 1956, therefore, the applicant is not entitled for grant 3 of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 17.05.2025, the fact that though the applicant in collusion with other co-accused persons allegedly engaged in providing call girls for prostitution, thereby committing alleged offence, but considering the fact that five of the co-accused persons, namely, Kushadvaja Bag @ Kunal, Revati Sahu, Sumit Bavaria, Subrat Sethi and Nilambar Bag have already been granted bail by this Court vide common order dated 13.08.2025 in MCRC Nos. 5461 of 2025, 5872 of 2025, 5991 of 2025 and 5477 of 2025 and the case of present applicant is identical to that of the aforementioned co-accused persons, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Nishamani Behra, involved in rime No. 129/2025 registered at Police Station Ganj, Dist. Raipur (C.G.) for the offence punishable under Sections 3, 4, 5, 7 of Immoral Traffic (Prevention) Act, be released on bail on his 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 4 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil