Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 50461 (CHH)

NEHA YADAV v. STATE OF CHHATTISGARH

MCRC/8376/2025 · 2025-10-16

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:51862 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8376 of 2025 Neha Yadav W/o Kamal Yadav, Aged About 27 Years R/o Ward No. 12, Psd Para, Khariar Road, Jok (Odisha) Aadhar No. 8226 0678 3923 ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. P.S. Purani Basti, Tahsil And District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Abhishek Tandon, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 283 of 2025, registered at Police Station Purani Basti, Raipur (C.G.) for the offences punishable under Sections 4, 5 & 7 of the Immoral Traffic (Prevention) Act, 1956. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.10.17 15:29:23 +0530 2 2. According to the prosecution, on 23.07.2025, the Deputy Superintendent of Police received a tip-off regarding immoral trafficking being carried out in a house behind Kali Mandir, Professor Colony, Raipur. Acting on the information, a decoy, Ghanshyam Sen, was sent with three Rs. 500 notes (Nos. 4FM253575, 2LP727287, and 8GF692470) and instructed to signal by a missed call once the activity was confirmed. Upon receiving the signal, the police raided the premises and found the decoy, two girls, and a boy. From the accused Akash Sahu, the same marked notes, a Realme mobile phone, and other items including ten sealed condoms were recovered. From accused Neha Sahu, an Oppo F27 Pro and an old Vivo mobile were seized, and from Bharati Yadav, a Vivo V29 mobile with two Jio SIMs was recovered. During interrogation, Bharati Yadav disclosed that Akash and Neha Sahu, who were engaged, had rented the house and were running a prostitution racket on a commission basis, paying her Rs. 500 per client, leading to registration of the present crime. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Further, co-accused, namely, Krishanu Das has already been granted bail by this Court in MCRC No. 6752/2025 vide order dated 16.10.2025 and the case of the present applicant is identical to that of the co-accused. So far as criminal antecedents of the applicant is concerned, applicant has no previous criminal antecedent registered against 3 him. She is languishing in jail since 28.07.2025 and the conclusion of the trial is likely to take some time, therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant but could not dispute that the fact that co-accused have already been granted by this Court and the case of the present applicant is identical to that of the co-accused. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that co-accused, namely, Krishanu Das has already been granted bail by this Court in MCRC No. 6752/2025 vide order dated 16.10.2025 and the case of the present applicant is identical to that of the co-accused, she is languishing in jail since 28.07.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 6. Let applicant, Neha Yadav, involved in Crime No. 283 of 2025, registered at Police Station Purani Basti, Raipur (C.G.) for the offences punishable under Sections 4, 5 & 7 of the Immoral Traffic (Prevention) Act, 1956, 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 4 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 5 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. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manpreet