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2025 DAILYLAW 53594 (CHH)

KU. ARTI SURYAVANSHI v. STATE OF CHHATTISGARH

MCRC/7389/2025 · 2025-10-16

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Judgment text

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1 2025:CGHC:51863 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7389 of 2025 Ku. Arti Suryavanshi D/o Shri Shravan Suryavanshi Aged About 23 Years R/o Sal Saakin Mandala Bilaspur C.G. ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. P.S. Deendayal Nagar Tahsil And District Raipur C.G. ... Respondent(s) For Applicant(s) : Mr. Abhishek Tandon, Advocate For Respondent(s) : Ms. Subha Shrivastava, 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. 237 of 2025, registered at Police Station Deendayal Nagar, 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, the Deendayal Nagar Police Station has suo motu instituted Crime No. 237/2025. During the course of investigation in Crime No. 233/2025, the police had summoned several accused persons and carried out a detailed investigation. Upon examination of the mobile phones of the said accused, the investigating officer discovered certain images and chats on WhatsApp, Instagram, and in the photo gallery, which contained photographs of girls along with their “rates” and other details allegedly shared with clients, thereby indicating their involvement in offences relating to immoral trafficking. It is further submitted that in connection with the aforementioned crime, the police have already filed the charge-sheet before the competent Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Further, co-accused, namely, Jalkumari Mishra and Bhumi Uike have already been granted bail by this Court in MCRC No.7050/2025 vide order dated 04.09.2025 and the case of the present applicant is identical to that of the co- accused persons. So far as criminal antecedents of the applicant is concerned, applicant has no previous criminal antecedent registered against him. She is languishing in jail since 09.06.2025, though the charge-sheet has been filed, 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. 3 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 persons 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, Jalkumari Mishra and Bhumi Uike have already been granted bail by this Court in MCRC No.7050/2025 vide order dated 04.09.2025 and the case of the present applicant is identical to that of the co-accused, charge- sheet has already been filed and he is languishing in jail since 09.06.2025 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, Ku. Arti Suryavanshi, involved in Crime No. 237 of 2025, registered at Police Station Deendayal Nagar, 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 dates fixed for evidence when the witnesses are 4 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 applicant is deliberate or without sufficient cause, 5 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