BA 560-2024
: 1 :
IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 560 OF 2024
(CNR NO. MHCC02-003592-2024)
Anil Sarjerao Kamble
)
… Applicant /Accused
Versus
The State of Maharashtra
)
(Through Bhoiwada Police Station) )
… Respondent
Ld. Adv. Shashikant Mandlik for Applicant / Accused.
Ld. APP. Jyotsna Gawli for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. N.S. SHAIKH (C.R. NO. 39)
DATED : 12.03.2024.
ORDER
The accused has preferred this application seeking bail in
Crime No. 496 of 2022 registered with Bhoiwada Police Station for the
offence punishable under Sections 370(2) read with Section 34 of
Indian Penal Code (for short ‘IPC’) and under Sections 4 and 5 of ‘The
Immoral Traffic (Prevention) Act’ (for short ‘PITA Act’).
2.

As per the applicant, on 13.05.2022 PI Pawar received
secret information that the prostitution is going on the contact number
8291659802 in ‘ ‘kkjnk QkeZlh vk;qosZfnd vkS”k/kh HkaMkj iapdeZ dsUnz ‘, 11/23,
Municipal Labour Camp, Naigaon Cross Road, near Sharda Cinema,
Dadar East, Mumbai-14. Therefore, PI Pawar obtained consent of decoy
customer and panchas to participate in a raid, directed the decoy
customer to make contact on the aforesaid mobile number through
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whats app chat and the decoy customer received photographs of some
girls for the purpose of prostitution.
3.

After confirmation of the news from the decoy customer
and panchas, PI Dilip Masram who has also participated in the raid had
given 8 currency notes of Rs. 500/- to the decoy customer towards
consideration amount for prostitution and thereafter decoy customer
and panch no. 1 were sent to the aforesaid address. After giving signal
by the decoy customer through message on mobile phone raid was
effected. In the aforesaid Panchkarma Kendra the co-accused Mohd.
Wasim Akram Ansari was present. Thereafter, the raiding team knocked
the door of southern side cabin and decoy customer opened the door
and they noticed one lady sitting on wooden bench.
4.

On inquiry, she disclosed that she and other girls are forced
to prostitution under the garb of massage by the manager and owner of
the Centre and are retaining part of the consideration amount. At that
time, victims were rescued from the spot. During search 9 condoms
from the spot were seized. The decoy customer disclosed that the
co-accused collected from him consideration amount of Rs. 4,000/- for
prostitution. During personal search, the aforesaid amount was seized
from the co-accused alongwith his mobile phone. The co-accused
revealed that this accused is the owner of Massage Kendra. On the
basis of said information, the offence came to be registered against the
accused and other co-accused.
5.

The applicant / accused has submitted that he has no
concern with the alleged offence. It is submitted that he is running
‘Ayurvedic Panchkarma Kendra’. As per accused, he was admitted in
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Hospital from 11.05.2022 to 28.05.2022. The police arrested him on
27.02.2024 and on the same day, he was remanded to judicial custody
by the learned 15th Metropolitan Magistrate Court, Mazgaon. The
aforesaid Centre is purely for the purpose of treatment of his customers.
The accused has no previous criminal antecedents. He is ready to abide
by all the conditions. Thus, he prays to release him on bail.
6.

The prosecution filed Say at Exh. 02. It is submitted that
the Chargesheet against the co-accused is already filed which is
registered as CC No. 1500748/PW/2022. As the accused was injured
he could not be arrested earlier. Hence, the application is sought to be
rejected.
7.

Perused the application, Say (Exh. 02), copy of FIR,
Remand Report, Remand Order, Discharge Card of accused and medical
papers. Heard the learned advocate appearing on behalf of the accused
and learned APP. for the State.
8.

As already mentioned above the accused is remanded to
judicial custody on the same day. Nothing is shown to be recovered at
the hands of this accused for which his custodial interrogation would be
required. Accused has shown willingness to abide with terms and
conditions, if imposed on him. Hence, accused is entitled to be released
on bail by imposing stringent conditions. As a result, I proceed to pass
following order :ORDER
1.

The Bail Application No. 560 of 2024 is hereby allowed.

BA 560-2024
2.

: 4 :
The accused Anil Sarjerao Kamble in CR No. 496 of
2022 registered with Bhoiwada Police Station, be released on
executing PR Bond of Rs. 50,000/- (Rupees Fifty Thousand)
only, with one of more solvent sureties of like amount.
3.

The accused shall submit the proof of his residence,
Aadhar Card, Election card, if any.
4.

The accused shall not involve in any crime.

5.

The accused shall not tamper with the evidence of
prosecution.
6.

The accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of this case so as to dissuade him / her from
disclosing such facts to the Court or to the police officers.
7.

The accused shall attend the trial on each and every
date.
8.

Breach of any condition will amount to cancellation of
bail forthwith.
9.

The Bail Application No. 560 of 2024 stands disposed
off.

Date :- 12.03.2024.
Typed on
: 12.03.2024.
Signed on
: 12.03.2024.

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

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12.03.2024 at 6.00 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 12.03.2024
JUDGMENT/ORDER signed by P.O. 12.03.2024
on
JUDGMENT/ORDER uploaded on
12.03.2024