Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:51720
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6752 of 2025 Krishanu Das S/o Late Shri Kamlesh Das, Aged About 47 Years R/o MIG- 38, Shankar Nagar, Thana- Khamhardih, District- Raipur Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through- P.S. Purani Basti, Dist- Raipur Chhattisgarh.
... Respondent For Applicant : Shri Mohit Kumar, Advocate. For Respondent/State : Ms. Ankita Shukla, PL.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 16/10/2025
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.283/2025 registered at Police Station Purani Basti, Dist.- Raipur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.17 15:02:09 +0530
2 Chhattisgarh for the offence punishable under Sections 4, 5, 7 of PITA ACT.
2. Case of the prosecution, in brief, is that on 23.07.2025 the Concerned police received a secret information of illegal activities of prostitution are going on in one of the house of Professor colony, Raipur. Therefore search the house in which two Girl Bharti Yadav and Neha Sahu alongwith one Boy Akash Sahu were present in suspicious condition. Therefore arrested them and recorded memorandum of the above said co-accused persons, in the memorandum of the above said co- accused name of the present applicant was revealed, therefore the present applicant was also arrested on the basis of suspicious.
3.
Learned counsel for the applicant submits that nothing was seized from possession of the present applicant and the present applicant was arrested only on the basis of memorandum of the co-accused only on suspicion that he is also involved in the alleged crime. He would submit that charge sheet has been filed, the applicant is in jail since 24/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would further submit that the applicant has no criminal antecedents. 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 of allegation levelled against the applicant, further the fact that
3 the applicant has been implicated only on the basis of memorandum of the co-accused, period of detention of the applicant since 24/07/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant-Krishanu Das, involved in Crime No.283/2025 registered at Police Station Purani Basti, Dist.- Raipur Chhattisgarh for the offence punishable under Sections 4, 5, 7 of PITA 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 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
4 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. 8. 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
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