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2025 DAILYLAW 59038 (CHH)

BHUPENDRA @ GOPALU v. STATE OF CHHATTISGARH

MCRC/9090/2025 · 2025-11-12

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Judgment text

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1 2025:CGHC:55323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9090 of 2025 Bhupendra @ Gopalu S/o Munnalal Dhiwar Aged About 27 Years R/o Shanti Chowk, Boriyakala, Thana Mujgahan, Raipur, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Purani Basti, Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 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, Raipur District Raipur (C.G.), for the offences punishable under Sections 4, 5, 7 of the PITA Act. 2. The case of the prosecution, in brief, is that on 23/07/2025, the concerned police received secret information that illegal activities of prostitution were being carried out in one of the houses located in Professor Colony, Raipur. Acting upon the said information, the police conducted a search of the house, wherein two girls, namely XXX and YYY, along with one boy, ZZZ, were found in a suspicious condition. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.14 11:08:03 +0530 2 Consequently, they were arrested, and their memorandum were recorded. In the memorandum of the aforesaid co-accused persons, the name of the present applicant was disclosed. Therefore, the present applicant was also arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that the present applicant has no criminal antecedents. He further submits that other co-accused person, namely, Neha Yadav in MCRC No. 8376 of 2025 vide order dated 17.10.2025 and Krishanu Das in MCRC No. 6752 of 2025 vide order dated 16.10.2025 have already been granted regular bail by this Court. 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 State counsel opposes the bail application of the present applicant and submits that the charge -sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused persons, namely, Neha Yadav in MCRC No. 8376 of 2025 vide order dated 17.10.2025 and Krishanu Das in MCRC No. 6752 of 2025 vide order dated 16.10.2025 have already been granted regular bail by this Court. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 28.07.2025, conclusion of the trial may take some more 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. 3 7. Let the Applicant – Bhupendra @ Gopalu, involved in Crime No. 283/2025 registered at Police Station Purani Basti, Raipur District Raipur (C.G.), for the offences punishable under Sections 4, 5, 7 of the PITA Act, be released on bail on his furnishing 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 sufÏcient 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 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 4 court absence of the applicant is 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 him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek