1 2025:CGHC:45435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7050 of 2025 1 - Jalkumari Mishra W/o Mukesh Mishra Aged About 32 Years R/o Bangalipara, P.S. Sarkanda, Distt. Bilaspur, Chhattisgarh. 2 - Bhumi Uike D/o Abhilal Uike Aged About 24 Years R/o Mandla, Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through S.H.O., P.S.- D.D. Nagar, Raipur, Distt. Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Pushkar Sinha, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/09/2025 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 applicants who have been arrested in connection with Crime No. 237/2025 registered at Police Station D.D. Nagar, Raipur, Distt. Raipur (C.G.) for the offence punishable under Sections 4, 5, 7 of Immoral Traffic (Prevention) Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that Crime No. 233/2025 has been registered at Police Station D.D. Nagar for offences punishable under Sections 296, 115(2), 351(3), and 3(5) of the Bharatiya Nyaya Sanhita (B.N.S.). During the course of investigation, the accused persons namely, Payal Patel, Aarti Suryawanshi, Roopa Das, Banita Rajpoot, Amrita Bharti, Aarti Dhuri, and the present applicants were called for enquiry at the said police station. During the enquiry, the mobile phone of co-accused Payal Patel was seized and examined. On the basis of the data retrieved therefrom, the present case came to be registered against the applicants. Accordingly, an FIR was lodged against the applicants for offences under Sections 4, 5, and 7 of the Immoral Traffic (Prevention) Act, 1956. Subsequently, after the investigation, the applicants/accused were arrested on 08.06.2025, and they have been in judicial custody since then. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence as alleged. The present case has been falsely registered against them based on fabricated facts, following a prior dispute on 04.06.2025 involving the co-accused and certain influential individuals, who lodged a retaliatory FIR. No incriminating material or seizure has been made from the applicants, nor is there any direct evidence or complaint against them relating to immoral trafficking. The offences alleged are triable by the learned JMFC, and the applicants have been in judicial custody since 08.06.2025. The charge sheet has already been filed, and the trial is likely to 3 take considerable time. Therefore, he prays for grant of bail to the applicants. 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 applicants are alleged to be involved in immoral trafficking, based on digital evidence (chats, photos, rate lists) found in the mobile phone of co-accused Payal Patel, which showed that they were sharing profiles of girls with different customers, they engaged in activities related to prostitution and solicitation, amounting to offences under Sections 4, 5, and 7 of the ITPA, therefore, they are not entitled for grant 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 applicants since 08.06.2025, the fact that though the applicants are alleged to be involved in immoral trafficking, based on digital evidence (chats, photos, rate lists) found in the mobile phone of co-accused Payal Patel, which showed that they were sharing profiles of girls with different customers, they engaged in activities related to prostitution and solicitation, but considering the fact that the applicants have no criminal antecedents and charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 4 8. Let the Applicants-Jalkumari Mishra and Bhumi Uike, involved in Crime No. 237/2025 registered at Police Station D.D. Nagar, Raipur, Distt. Raipur (C.G.) for the offence punishable under Sections 4, 5, 7 of Immoral Traffic (Prevention) Act, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 5 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 them 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