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2026 DAILYLAW 7692 (CHH)

POOJA DHAKAL v. STATE OF CHHATTISGARH

MCRC/2108/2026 · 2026-04-19

Public Interest Litigationbody2026

Judgment text

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1 2026:CGHC:17883 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2108 of 2026 1 - Pooja Dhakal W/o Darshan Dhakal Aged About 34 Years R/o H.No. 165, Street No. 03, Kapil Nagar, Sarkanda, Distt.- Bilaspur, (C.G.) 2 - Neeru Thing (Tamang) W/o Mukesh Thing Aged About 42 Years R/o Plane Line Pakhbari, Darjeeling (W.B.), Present Address - H.No. 165, Street No. 03, Kapil Nagar, Sarkanda, Distt.- Bilaspur, (C.G.) (Surname Wrongly Mentioned In Ordersheet) ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station- Civil Lines, Distt.- Bilaspur, (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Pragalbha Sharma, Advocate For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.04.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.208/2026, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 143(1)(2), 296, 351(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.21 11:13:09 +0530 2 Section 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956. 2. The case of the prosecution, is that an FIR was registered based on a written complaint by Paridhi Mishra, who alleged that she was employed at "Ivory Spa Centre" (located at Satyam Chowk, Bilaspur) as a tele-caller for a monthly salary 15,000. The complainant alleges ₹ that the operator/applicant No.1 and the manager/applicant No.2 pressurized her and other girls from Assam and Nepal to engage in physical relations with male customers for money. Further that she was forced into this trade under threat of defamation and death, and was kept at the centre from morning until late night without food. Thereafter, aforesaid offences have been registered against the applicants. Hence, this bail application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case. The applicants are lady and they are in jail since 08.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicants and the charge-sheet has been filed in this case. She also submits that applicant No. 1 (owner) and applicant No. 2 (Manager) pressured complainant as well as other girls from Assam and Nepal to engage in physical relations with male clients in exchange for money. Furthermore, she was forcibly pushed into this trade through threats of defamation and death, and 3 was confined within the center from morning until late at night without being provided with any food. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicants, charge-sheet has been filed against the applicants, applicants are lady and they are in jail since 08.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this bail application. 7. Let applicant No.1-Pooja Dhakal and applicant No.2-Neeru Thing (Tamang) involved in Crime No.208/2026, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 143(1)(2), 296, 351(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956, be released on bail on his furnishing a personal bond with two local 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 4 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali