1 2025:CGHC:58599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9774 of 2025 1 - Heena Chawda D/o Shri Manish Chawda Aged About 25 Years R/o Bajrang Chowk Rawanbhatha Raipur, Police Station - Rawanbhatha, District Raipur Chhattisgarh. 2 - Anita Dhidhi D/o Sri Bharosa Dhidhi Aged About 23 Years R/o Ward No. 01, Tumgaon P.S. Tumgaon, Tehsil And District - Mahasamund Chhattisgarh. ... Applicants versus State of Chhattisgarh Through S H O, Police Station Tumgaon, District Mahasamund Chhattisgarh. ... Non-applicant For Applicants : None For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.12.2025 1. None appears on behalf of the learned counsel for the applicants to press this bail application. The applicants are in jail since 08.09.2025 and 01.10.2025, hence this Court proceeds to consider and disposed of this bail application with the assistance of learned State counsel. 2. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 regular bail, as they have been arrested in connection with Crime No. 186/2025, registered at Police Station : Tumgaon, District Mahasamund (C.G.) for the offence punishable under Sections 3, 4, 5, 6 and 7 of Immoral TrafÏc (Prevention) Act and 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The case of the prosecution, in brief, is that the applicants were allegedly involved in bringing customers for prostitution to the applicant’s house and threatening the victim with death when she refused to comply. On 07.09.2025, the police conducted a raid at the applicant’s house and recovered three women who were allegedly involved in prostitution. Incriminating material was also seized from the premises. It is further alleged that the applicants and the co-accused had called these women for prostitution and had unlawfully detained them. On the basis of the report, the aforementioned offences were registered, and the applicants were arrested on 08.09.2025 and 01.10.2025. 4. Learned State counsel submits that the charge-sheet has already been filed before the competent Court. She further submits that though the similarly situated co-accused person, namely, Mamta Dhidhi has already been granted bail by this Court vide order dated 18.11.2025 in MCRC No. 8361/2025, but the applicants were allegedly involved in bringing customers for prostitution to the applicant’s house and threatening the victim with death when she refused to comply and further the applicants and the co-accused had called these women for prostitution and had unlawfully detained them, therefore, the applicants are not entitled for grant of bail. 3 5. I have heard learned State counsel 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 08.09.2025 and 01.10.2025 respectively, the fact that tthe applicants were allegedly involved in bringing customers for prostitution to the applicant’s house and threatening the victim with death when she refused to comply, but other co-accused person, namely, Mamta Dhidhi has already been granted bail by this Court vide order dated 18.11.2025 in MCRC No. 8361/2025 and the case of present applicant is identical to that of the co-accused person, further the applicants have no criminal antecedent and the 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. Let the applicants, Heena Chawda and Anita Dhidhi, involved in Crime No. 186/2025, registered at Police Station : Tumgaon, District Mahasamund (C.G.) for the offence punishable under Sections 3, 4, 5, 6 and 7 of Immoral TrafÏc (Prevention) Act and 351(2) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties 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 4 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 sufÏcient 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 deliberate or without sufÏcient 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. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. 9. After passing of the order Mr. Arun Kumar Shukla, learned counsel for the applicants comes and prays that their presence may be marked. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan