ASHOK MUTU BHARAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Appeal under Sec. 21 (4) of the National Investigation Agency Act, 2008 (for short 'the Act, 2008') has been preferred challenging the order dtd. 14/12/2023 passed by the 7th Additional Sessions Judge, Raipur, whereby the application preferred by the appellant under Sec. 439 of the CrPC for grant of bail has been rejected, as the appellant has been arrested in connection with Crime No.310/2023, registered at Police Station Civil Lines, District Raipur (ST No.206/23) for offence under Sec. 370 of the IPC read with Sec. 4, 5 & 7 of the Prevention of Immoral Trafficking Act.

(2.) Prosecution case is that upon receipt of information on 24/6/2023 the concerned police team raided Blue Moon Spa Centre situated at Raipur and found that owner of the spa - present appellant along with Ashok Sahu - Manager of the spa and Vivek Sahu - Assistant Manager and Director - Kunal Rathi in the garb of running a spa hired 6-7 girls and got them engaged in the prostitution forcefully. From the said spa, incriminating articles have also been recovered. On the basis of aforesaid allegations, the accused persons have been arrested, however, Director - Kunal Rathi fled away from the spot.

(3.) It is pertinent to mention here that the earlier bail application filed under Sec. 439 of the CrPC for grant of bail has been rejected by 12th Additional Sessions Judge, Raipur in BA No.1740/2023 on 30/6/2023 (Annexure-A/2). Thereafter the appellant had preferred the first bail application before this Court and this Court vide order dtd. 21/7/2023 passed in MCRC No.4768/2023 had rejected the application on merits. Thereafter, the appellant had preferred 2nd bail application before this Court viz. MCRC No.7296/2023 which was also rejected on 13/10/2023 and then, 3rd bail application has been moved on behalf of the appellant viz. MCRC No.8671/2023, which was dismissed as withdrawn on 8/12/2023.