1
Cri. B.A. No.1840/2022
(CNR NO.MHCC02-009380-2022)
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1840 OF 2022
IN
C.R.NO. 378 OF 2022
1.Chand Mohammad Habib Miya
Age: 48 yrs.
Residing at: B45, Daruwala Bldg.
1st Floor, Room No.9, 14th Lane,
Kamithipura, Mumbai
2. Rajesh Nakuldev Sharma
Aged : 32 yrs.
Residing at : Daruwala Bldg.,
Ground floor, Room No.3, 14th Lane,
Kamathipura, Mumbai
3) Tulsi Das Ashok Ravidas
Age: 22yrs.
Residing at: Daruwala Bldg,
2nd Floor, Room No.16, 14th Lane,
Kamathipura, Mumbai.

..Applicants/Accused
Vs.
The State of Maharashtra,
(At the instance of Nagpada Police Station
vide their C.R.No.378/2022)
..Respondent
CORAM:H. H. THE ADDITIONAL SESSIONS JUDGE
MRS. MADHURI.M.DESHPANDE
(Court Room No.41)
DATE : 30th July 2022.
Adv. Dave for Applicants.
APP Mrs. Meera Choudhari for State.

ORDER
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1]
This is an application filed by the applicants under
Section 439 of the Code of Criminal Procedure, praying for
releasing them on bail in connection with C.R. No.378/2022
registered with Nagpada Police Station, Mumbai under Sections
370, 34 of IPC r/w. 3, 4, 5, 7(1)(b) PITA Act.
2]
Prosecution story in short is that, complainant Sachin
Rajaram Bugale Police Constable of Nagpada Police Station lodged
report to Nagpada Police Station
that, accused persons in
furtherance of their common intention were getting prostitution
business done from the victims and maintaining themselves on the
income of the said business. On these allegations, the complainant
lodged report and offence punishable under section 370, 34 of
Indian Penal Code r/w. 3, 4, 5, 7(1)(b) PITA Act came to be
registered against the accused vide crime No.378/2022.
3]
The contention of the accused/applicants is that they
have not committed any offence as alleged, and they have been
falsely implicated in the present crime. No role of has been
attributed to them. They have not committed any offence either
under I.P.C. or I.T.P.A.

In the present case 5 victims allegedly
rescued and they were between the age 22 years to 40 years and
they were medically examined and were found major. And they
were doing this prostitution activity according to their wish, so that
the section of human trafficking cannot be levied on the present
applicants. There is no recovery or discovery at his instance. The
applicants are permanent residence of address in the cause title
and if released on bail there is no chance of absconding or
tampering prosecution evidence.

There are dependents on the
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Cri. B.A. No.1840/2022
applicants and severe prejudice at injustice would be caused to the
applicant and his family members. They have no criminal
antecedent,
Nothing is to be recovered or discovered at the
instance of the applicant. They are ready and willing to co-operate
with the police machinery as and when called. They shall not
tamper with the prosecution witnesses and they will not pressurize
or give any false assurance to any of the witnesses. They are ready
and willing to abide by any conditions imposed by the Court.
Lastly, they prayed to release them on bail.
4]
The prosecution has opposed the application by filling
say at Exh.2 on the ground that, if they are released they will
pressurize the prosecution witnesses and complainant. Offence is
serious in nature. If applicants/accused are released on bail, they
will flee from the Court of justice. Hence, it prayed to reject the
application.
5]
Heard learned A.P.P for the State and learned counsel
for the accused. Gone through the record.
6]
In view of these facts, following points arise for
determination and findings thereon are recorded against each of
them, for the reasons stated below :
Sr.
No.

POINTS
1) Whether the accused is entitled for bail ?
2) What order ?

Yes.
As per final order.

REASONS
Point No.1 :-
FINDINGS
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On perusal of contents of FIR, it appears that the
Sachin Rajaram Bugale Police Constable of Nagpada Police Station
lodged report to Nagpada Police Station on 21.07.2022 at about
05.40 p.m. Building No.67, Room No.01,Kamathipura, 11 th lane,
Nagpada, Mumbai 400008 as prostitution business is being run by
the applicants, from where he has rescued five victims. All victims
are major. Accused are arrested on 21/07/2022. The prosecution
has not prayed for further detention of the accused for further
investigation. The victims have not made allegations against the
accused that They have compelled them to do prostitution
business. The apprehension of the prosecution is only that, if they
are released on bail, they will pressurize the prosecution witnesses,
and they will tamper the prosecution evidence and will flee from
the Court of justice. The apprehension of the prosecution can be
taken care of by imposing certain stringent conditions.
8]
Considering these facts and circumstances of the
present offence, I am of the view that, it will be just and proper to
allow this application and to release the applicants on bail
imposing some conditions. Hence, the following order :ORDER
1)
Cri. Bail Application No.1840 of 2022 is allowed.

2)
The applicants Accused No.1 Chand Mohammad Habib Miya
Accused No.2 Rajesh Nakuldev Sharma and Accused No.3
Tulsi Das Ashok Ravidas be released on bail for the offence
punishable under sections 370, 34 of Indian Penal Code r/w.
3, 4, 5, 7(1)(b) PITA Act in crime No.378/2022 with Nagpada
Police Station, Mumbai, on P.R. Bond of Rs.15,000/- each with
one solvent surety in like amount, on the following
conditions :-
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Cri. B.A. No.1840/2022
a)
The applicants shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case, so as to dissuade him from
disclosing such facts to the Court.

b)
The applicants shall not tamper with the evidence.

c)
The applicants shall remain present before the Court on
each and every date till the completion of trial.

d)
The applicants shall not leave India without permission
of the Court.

e)
The applicants shall not commit similar type of offence in
future.

f)
The applicants shall furnish his permanent address and
temporary address, if any, and his contact details to the
concerned Court.

g)
The applicants shall not change his residential address
without prior intimation to the Investigation Officer and
to the concerned Court.

h)
If the applicants disobeyed any of the above condition,
the prosecution is at liberty to move the Court for
cancellation of bail.
Bail before lower Court.
MADHURI
MILIND
DESHPANDE
30/07/2022
Date of Dictation
: 30/07/2022
Date of Transcription : 30/07/2022
Date of signature
: 30/07/2022
Digitally signed by
MADHURI MILIND
DESHPANDE
Date: 2022.08.02
12:16:45 +0530
(Mrs. Madhuri M. Deshpande)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
02/08/2022
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Name of Stenographer
12.15 P.M.

Name of the Judge (With Court Room No.)

Mr. A. S. PATIL
HHJ Mrs. Madhuri
Deshpande (CR 41)
Date of Pronouncement of JUDGEMENT
/ORDER
30/07/2022
JUDGEMENT /ORDER signed by P.O. on
30/07/2022
JUDGEMENT /ORDER uploaded on
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