1 2025:CGHC:655 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8915 of 2024 1 - Ashiyana Yadav S/o Nanduram Yadav Aged About 27 Years R/o 05 Block, Kathadih, Mujgahan Raipur, District- Raipur, Chhattisgarh. ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Civil Line, Raipur, District- Raipur, Chhattisgarh. ... Non-Applicant For Applicant(s) : Mr. Ghanshyam Kashyap, Advocate For Non-applicant(s) : Ms. Mandavi Bharadwaj, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 06/01/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 311/2023 registered at Police Station – Civil Line, Raipur, District – Raipur, Chhattisgarh for the offences punishable under Section 370 of the Indian Penal Code, 1860 and under Sections 4, 5 & 7 of the Immoral Traffic (Prevention) Act, 1956. 2. Case of prosecution is that, on 24.06.2023, police received information that in the Mind Velenero Spa Center, Shankar Nagar, Raipur business of immoral traffic is running, based upon which, the police raided the said Spa Center and found some girl workers inside the Spa. In their statement, they stated that they were brought by the owner of the Spa, SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 co-accused Pintu Jaiswal and engaged them in the Spa and thereafter, he forced them to engage in sexual activities. Applicant is an employee of the Spa. 3. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that the applicant was employed by Pintu Jaiswal as an employee in the Spa. He is a young boy and the illegal activities, if any, was by the owner of the Spa i.e. Pintu Jaiswal. He is in jail since 24.06.2023. Hence, he may be enlarged on bail. 4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant. However, he do not dispute the submission of the counsel for the applicant that the owner of the Spa is Pintu Jaiswal and the status of the applicant is to be an employee of the said Spa. 5. I have heard learned counsel for the respective parties. 6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, 3 without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the courton 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. (d) 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey