BA 291-2024
: 1 :
IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 291 OF 2024
(CNR NO. MHCC02-002005-2024)
Ashitosh Raju Kavde
)
… Applicant /Accused
Versus
The State of Maharashtra
)
(Through N.M. Joshi Marg Police Station) )
… Respondent
Ld. Adv. Nadar for Applicant / Accused.
Ld. APP. Meera Choudhary for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. N.S. SHAIKH (C.R. NO. 39)
DATED : 28.02.2024.
ORDER
The accused has preferred this application seeking bail in
Crime No. 82 of 2024 registered with N.M. Joshi Marg Police Station for
the offence punishable under Sections 370(3), 294, 114 read with
Section 34 of IPC and under Sections 3(1), 4 and 5 of ‘The Immoral
Traffic (Prevention) Act’ (for short ‘PITA Act’).
2.

As per the accused, the police from N.M. Joshi Marg Police
Station conducted trap on the information of PI Bankar of illegal
Trafficking of girls. On 25.01.2024, decoy customer Tejas Kumar
Maurya was asked to visit ‘Mudram Spa and Saloon’ as customer. Trap
was laid, decoy customer visited the Spa and asked girl for prostitution.
This accused was present on the counter of the Spa alongwith another
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lady receptionist. Ten girls were shown to the decoy customer. Amongst
them he selected one girl and paid Rs. 4,000/-. On his signal the raid
was conducted. Ten girls were found on the spot.
3.

Accused was arrested on 26.01.2024 and after necessary
police custody, he is in judicial custody since 01.02.2024. As per the
accused, he is falsely implicated in the offence. He is employee of the
Spa. He has no concern with the alleged offence. He has co-operated
in the investigation. Accused has no criminal antecedents and he is
permanent resident of Bhiwandi. He shows 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. The accused
was working in collusion with the owner of this Spa. In case, the
accused is released on bail, he will threaten the victim and witnesses or
abscond. Hence, application is sought to be rejected.
5.

Heard learned counsel for accused and learned APP.

Perused the copy of FIR and Remand Papers.
6.

Admittedly, since 01.02.2024, the accused is in judicial
custody. The learned counsel for accused submitted that the victim girls
were major. He submitted that the decoy customer is himself accused in
another case. He filed copy of order in BA No. 2136 of 2021 dated
31.08.2021 of this Court, in which it was observed by this Court that
there was externment order against the decoy customer during the
period of raid. Copy of FIR in Crime No. 594 of 2020 registered with
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Powai Police Station under Section 370 of IPC in which the decoy
customer was same is filed.
7.

The learned counsel for the accused further submitted that
Crime No. 25 of 2020 of D.B. Marg Police Station was registered against
the decoy customer under Section 384 of IPC. for extorting money
claiming himself to be informer of police. Hence, he contends that the
raid is conducted with the help of such decoy customer who can not be
relied.
8.

Taking into consideration, the facts of the case it is seen
that since 01.02.2024 accused is in judicial custody, 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 be taken
care of by imposing stringent conditions on the accused, while releasing
her on bail. Hence, I proceed to pass following order ORDER
1.

The Bail Application No. 291 of 2024 is hereby allowed.

2.

The accused Ashitosh Raju Kavde in CR No. 82 of 2024
registered with N.M. Joshi Marg Police Station, be released on
executing PR Bond of Rs. 15,000/-(Rupees Fifteen 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.

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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. 291 of 2024 stands disposed
off.
(N.S. SHAIKH)
Additional Sessions Judge
City Civil And Sessions Court
Greater Bombay.

Date :- 28.02.2024.
Dictation Typed on
Signed on
:
:
28.02.2024.
29.02.2024.

BA 291-2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
29.02.2024 at 2.50 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 28.02.2024
JUDGMENT/ORDER signed by P.O. 29.02.2024
on
JUDGMENT/ORDER uploaded on
29.02.2024