[Cites 5, Cited by 0]
Chattisgarh High Court
Kanchan vs State Of Chhattisgarh on 10 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11445
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI
MCRC No. 2244 of 2026
MUDALIAR
Kanchan W/o Ajay Sidar Aged About 31 Years R/o Singibahra Tahsil
Digitally signed
by GOURI
MUDALIAR
Tapkara Police Station Tapkara District- Jashpur (C.G.)
Date: 2026.03.11
11:26:15 +0530 ...Applicant
versus
State Of Chhattisgarh Through- The S.H.O. Police Station Mahila Thana
Ambikapur District- Surguja (C.G.)
... Respondent
For Applicant : Ms. Prachi Diwan, Advocate.
For : Ms. Ankita Shukla, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
10/03/2026
1. This is the first bail application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular
bail to the applicant who has been arrested in connection with Crime
No.17/2025 registered at Police Station Mahila Thana Ambikapur
District- Surguja (C.G.) for the offence punishable under Sections 3,
4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956.
2. Case of the prosecution, in brief, is that on 10/11/2025, information was
received by the city superintendent of police, Ambikapur, that
prostitution activities were being carried out in a house near Akashvani
chowk, Ambikapur, District Suruguja (C.G.) on 10/11/2025 at 3.30 pm it
is reported that immoral trafficking was being carried out in a house
behind Akasvani chowk where young men and women were being
illegally engaged in prostitution for the purpose of earning profit. It is
alleged that the present applicant used to provide customers to the co-
accused persons, who were allegedly earning their livelihood illegally
by providing rooms in their house for the purpose of prostitution and by
allowing boys and girls to use the said rooms. As per the said report
crime was registered against the applicant and other co-accused.
3. Learned counsel for the applicant submitted that the name of the
applicant has come into light in the memorandum statement of co-
accused Indrapati Sarthi @ Pooja & Laxmi Vishwas and they have
been allowed bail by this Court vide MCRC No.325/2026 & MCRC
No.210/2026 on 12/01/2026 & 09/01/2026 respectively. She would
submit that the applicant has a infant child, she is in jail since
17/02/2026 and conclusion of trial will take some time, therefore, she
prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application
and she would submit that charge sheet has not been filed in this case.
5. I have heard learned counsel appearing for the parties and perused the
case diary.
6. Taking into consideration the facts and circumstances of the case,
considering the fact that the name of the applicant has come into light
in the memorandum statement of co-accused Indrapati Sarthi @ Pooja
& Laxmi Vishwas and they have been allowed bail by this Court vide
MCRC No.325/2026 & MCRC No.210/2026 on 12/01/2026 &
09/01/2026 respectively, further the fact that the applicant has a infant
child, period of detention of the applicant since 17/02/2026 and also
considering the fact that trial is likely to take some time for its
conclusion, therefore this Court is of the view that the applicant is
entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that the
Applicant- Kanchan, involved in Crime No.17/2025 registered at
Police Station Mahila Thana Ambikapur District- Surguja (C.G.) for
the offence punishable under Sections 3, 4, 5 and 7 of the Immoral
Traffic (Prevention) Act, 1956, be released on bail on her furnishing a
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 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.
(ii) 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.
(iii) 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.
(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 her in accordance with law.
8. Office is directed to send a certified copy of this order to the trial Court
for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
gouri
