BA 1037-2024
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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 1037 OF 2024
(CNR NO. MHCC02-006487-2024)
1.

Avdesh Kailash Yadav
)
2.

Smt. Majida Abdul Kalam Gazi )
… Applicants /Accused
Versus
The State of Maharashtra
(Through Nagpada Police Station)
)
)
… Respondent
Ld. Adv. Shahid Iqbal for Applicants / Accused.
Ld. APP. Geeta Sharma for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. N.S. SHAIKH (C.R. NO. 39)
DATED : 04.05.2024.
ORDER
The Applicants / Accused have moved this application
under Section 439 of Criminal Procedure Code for grant of bail in Crime
No. 327 of 2024 for the offences punishable under Section 370 read
with Section 34 of Indian Penal Code and under Sections 3, 4, 5 of
Immoral Traffic Prevention Act registered at Nagpada Police Station,
Mumbai.
2.

As per the accused, raid was conducted by ASI Chiplunkar
of Nagpada Police on 16.04.2024 after receiving secret information that
the prostitution is going on at Kamathipura, 11th Lane, therefore, she
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alongwith decoy customer and panch conducted the raid. The decoy
customer handed amount of Rs. 1,000/- to the accused.
3.

Three major girls were found on the spot. It was learnt
that the owner of the brothel is accused No. 02 and the accused No. 01
is Manager who were found on the spot. On the basis of said
information, the offence came to be registered against these accused.
4.

The accused have submitted that they have no concern
with the alleged offence. It is submitted that the victims were major
and voluntarily involved in the business. The police arrested them on
16.04.2024 and since 18.04.2024 they are in judicial custody. The
accused have no previous criminal antecedents. They are ready to abide
by all the conditions. Thus, they pray to release them on bail.
5.

The prosecution filed Say at Exh. 02. It is submitted that
the in case accused are released on bail, they will again indulge in
similar offence.

The statements of witnesses are to be recorded.

Accused may abscond and threaten the victims. Hence, the application
is sought to be rejected.
6.

Perused the application, Say (Exh. 02) and Remand Report.

Heard the learned advocate appearing on behalf of the accused and
learned APP. for the State.
7.

As already mentioned above, the accused is remanded to
judicial custody since 18.04.2024. Nothing is shown to be recovered or
discovered at the hands of these accused for which their custodial
interrogation would be required. Accused have shown willingness to
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abide with terms and conditions, if imposed on them. The apprehension
of the prosecution can be taken care of by imposing stringent conditions
on the accused, while releasing them on bail. As a result, I proceed to
pass following order :ORDER
1.

The Bail Application No. 1037 of 2024 is hereby
allowed.
2.

The accused Nos. 01 – Avdesh Kailash Yadav and 02 –
Smt. Majida Abdul Kalam Gazi in CR No. 327 of 2024
registered with Nagpada Police Station, be released on
executing PR Bond of Rs. 20,000/- (Rupees Twenty
Thousand) each, with one of more solvent sureties of like
amount.
3.

The accused shall submit the proof of their 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.

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7.

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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. 1037 of 2024 stands disposed
off.
(N.S. SHAIKH)
Additional Sessions Judge
City Civil And Sessions Court
Greater Bombay.

Date :- 04.05.2024.
Dictation Typed on
Signed on
:
:
04.05.2024.
04.05.2024.

BA 1037-2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
04.05.2024 at 5.40 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 04.05.2024
JUDGMENT/ORDER signed by P.O. 04.05.2024
on
JUDGMENT/ORDER uploaded on
04.05.2024