BA 360-2024
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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 360 OF 2024
(CNR NO. MHCC02-002624-2024)
Mr. Akshaykumar
@ Acchekumar Ramjivan Kanojia
Versus
)
)
… Applicant/Accused
The State of Maharashtra
(Through Wadala Police Station)
)
)
… Respondent
Ld. Adv. Shahid Iqbal for Applicant / Accused.
Ld. APP. Geeta Sharma for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. N.S. SHAIKH (C.R. NO. 39)
DATED : 20.02.2024.
ORDER
The accused has preferred this application seeking bail in
Crime No. 09 of 2024 registered with Wadala Police Station for the
offence punishable under Sections 370(3) read with Section 34 of IPC
read with Sections 4 and 5 of ‘The Immoral Traffic (Prevention) Act’
(for short ‘PITA Act’).
2.

As per the accused, Wadala police conducted trap on the
information of police WPN Anita Kadam of Trafficking of minor girls, on
12.01.2024. Decoy customer was asked to deal with co-accused.
Co-accused sent him photographs of Five girls and the rate was settled
at Rs. 2,500/-. Co-accused called the decoy customer at one Hotel
situated at Wadala. Trap was laid and three victim girls were found
alongwith the co-accused and this accused. This accused was arrested
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on 13.01.2024 and after necessary police custody, he is in judicial
custody.
3.

As per the accused, he is falsely implicated in the offence
on suspicion of police. No recovery was done from this accused.
Accused has no criminal antecedents and he is permanent resident of
Mumbai. He showed willingness to abide with terms and conditions of
bail, if imposed on him.
4.

Prosecution resisted the application by filing Say at
Exh. 02. It is contended that the offence is serious in nature. In case
the accused is released on bail, he will threaten the victims and
witnesses or abscond. It is further submitted by the prosecution that
statement of victims under Section 164 of Cr.P.C. yet to be recorded.
Hence, application is sought to be rejected.
5.

Heard learned counsel for accused and learned APP. for
State. Perused the copy of FIR, Remand Papers and Release Order of
victims dated 31.01.2024.
6.

Admittedly, the accused is in judicial custody. The learned
counsel for accused submitted that the victim girls were all major and
already they are released by the order of Metropolitan Magistrate.
Taking into consideration, the facts of the case it is seen that there is no
recovery or discovery to be made at the hands of this accused, for which
his custodial interrogation would be required. Filing of Charge-sheet
will take some time and in the meanwhile nothing fruitful would be
gained by keeping the accused behind the bars. Hence, accused is
entitled to be released on bail. The apprehension of the prosecution can
BA 360-2024
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be taken care of by imposing stringent conditions on the accused, while
releasing him on bail. Hence, I proceed to pass following order ORDER
1.

The Criminal Bail Application No. 360 of 2024 is
hereby allowed.
2.

The accused Mr. Akshaykumar @ Acchekumar
Ramjivan Kanojia be released in Crime No. 09 of 2024
registered with Wadala Police Station for the offence
punishable u/s. 370(3) r/w 34 of IPC and u/s. 4, 5 of PITA
Act, on executing PR bond of Rs. 50,000/- (Rs. Fifty
Thousand) with one or two sureties of like amount on the
following conditions a.

The accused shall remain present before
Wadala Police Station on every Wednesday between
01.00 pm and 04.00 pm till filing of the Chargesheet.
b.

The Accused is further directed not to tamper
with the prosecution evidence or witnesses.
c.

The accused shall not leave jurisdiction of
Maharashtra State.
d.

The accused shall submit the proof of his
residential address, phone number, Aadhar Card and
Election Card, if any.
e.

The breach of any condition will amount to
cancellation of bail forthwith.

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3.

Accordingly
Criminal
Bail
Application
stands
disposed off.

(N.S. SHAIKH)
Additional Sessions Judge
City Civil And Sessions Court
Greater Bombay.

Date :- 20.02.2024.
Dictated on
Transcribed on
Signed on
:
:
:
20.02.2024.
20.02.2024.
20.02.2024.

BA 360-2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21.02.2024 at 11.26 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. N.S. SHAIKH
room No.)
(C.R. No. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 20.02.2024
JUDGMENT/ORDER signed by P.O. 20.02.2024
on
JUDGMENT/ORDER uploaded on
21.02.2024