Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9180
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 861 of 2025 Ramjeet Prajapati S/o Barsati Prajapati Aged About 40 Years Occupation Labour, Resident Of Village Parudeva, Police Station Bhitthi, District Ambedkarnagar (U.P.)
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Udaypur, District Surguja Chhattisgarh.
... Non-Applicant For Applicant : Mr. Goutam Khetrapal, Advocate along with Ms. Seema Verma, Advocate For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 21.02.2025
1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 261/2024, registered at Police Station Udaypur, District Surguja, (C.G.) for the offence punishable under Section 143(5) of Bhartiya Nyay Sanhita, 2023.
2. The prosecution story in brief, is that the applicant, along with co- accused Rajesh Chauhan and Mangluram Pando, was taking minor children for labor work at a brick kiln in Banaras (U.P.) without the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 permission of their parents. At that time, the police apprehended them and rescued the minors i.e. a total of six children, including four girls and two boys, aged between 13 to 17 years.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant was never taking the minor children for the labour work in brick kiln in Banaras (U.P.) and only on the basis of the suspicion, he has been arrested in this case. He also submits that he has not committed any trafÏcking of minor children. He further submits that the applicant has no previous criminal antecedents and he is in jail since 26.12.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the applicant, along with co-accused persons, was taking minor children for labor work at a brick kiln in Banaras (U.P.) without the permission of their parents. At that time, the police apprehended them and rescued the minors i.e. a total of six children, including four girls and two boys, aged between 13 to 17 years, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, it appears that
3 the applicant/accused was taking a total of six children, including four girls and two boys, aged between 13 to 17 years, by luring them with the promise of higher wages, with the intent to exploit them, without the consent of their parents and his intention was to involve those children in the offence of human trafÏcking, the crime of human trafÏcking is a serious offence, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant – Ramjeet Prajapati, involved in Crime No. 261/2024, registered at Police Station Udaypur, District Surguja, (C.G.) for the offence punishable under Section 143(5) of Bhartiya Nyay Sanhita, 2023, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8.
OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Ramesh Sinha)
Chief Justice Rahul Dewangan