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2026 DAILYLAW 35219 (CHH)

GUNJAN CHAUHAN v. STATE OF CHHATTISGARH

MCRC/8372/2026 · 2026-09-08

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 CGHC010342862026 2026:CGHC:39554 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8372 of 2026 • Gunjan Chauhan W/o Late Teekaram Chauhan Aged About 36 Years R/o Village Sanda, Tahsil And P.S. Baramkela, District Sarangarh-Bilaigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station Chakradhar Nagar, District Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Pramod Kumar Navratna, Advocate For State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/09/2026 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as she has been arrested in connection with Crime No. 299/2026 registered at Police Station – Chakradhar Nagar, District Raigarh (C.G.) for offence punishable under Sections 3, 4, 5 & 7 of the Immoral Traffic (Prevention) Act, 1956. 2. Case of prosecution in brief is that on 12.06.2026, police of police station Chakradharnagar received a secret information immoral activities in the premises of applicant. Based on the information, police raided the said premises and from two of the rooms of the said premises three women and two men were found in compromising position and after further searching, some cash, mobile phone and used condoms were also seized from the PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 rooms. Upon searching of applicant, five currency notes of Rs. 500 and one mobile phone were also seized from her possession. Based on the alleged recovery and recording statements, aforementioned crime was registered against applicant and she was arrested. 3. Learned counsel for applicant submits that the applicant is innocent, she has been falsely implicated in the instant case. At the time of raid, applicant was sitting outside the premise, there is no prima facie material to show that she was the owner, occupier, manager or keeper of the premises. No objectionable article has been found from her possession and the recovery of objectionable articles was not from exclusive possession of applicant. There is no conclusive material establishing the guilt of applicant. He also submits that there is no criminal antecedent against applicant. She is in jail since 12.06.2026, hence, she may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that serious allegations have been levelled against applicant of immoral trafficking. There is seizure of five currency notes of the value of Rs. 500 each which prima facie shows her involvement in the crime. However, he does not dispute the submission of learned counsel for applicant that there is no criminal antecedent against applicant. 5. I have heard learned counsel for the parties. 6. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, and the fact that charge-sheet has been filed, trial is likely to take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of 3 / 3 ₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the conditions that- (a) The applicant shall file an undertaking to the effect that she 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) 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 her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn JUDGE