BA 1764/2022
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MHCC020095742022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1764 OF 2022
(CNR NO.MHCC02­009574­2022)
IN
C.R.NO.887 OF 2022
Ms. Elwyn Reena Rodrigues
Age – 24 years,
R/A – 11/207, F­1, Godina Bell
house, B Muda Jodumarg,
Karnataka – 574 219
..Applicant
Vs.
The State of Maharashtra,
Through N. M. Joshi Marg
Police Station,
..Respondent
CORAM:H. H. THE ADDITIONAL SESSIONS JUDGE
MRS. M.M.DESHPANDE
(Court Room No.41)
DATE : 22nd July 2022.
Adv. Rajeev Sawant for Applicant.
APP Bhandari for State.

ORDER
1.

This is an application filed by the applicant under Section
439 of the Code of Criminal Procedure, praying for releasing him on
bail in connection with C.R. No.887/2022 registered with N.M.Joshi
BA 1764/2022
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Marg Police Station, Mumbai under Sections 370(1), 370(3), 114, 294, 34
of the Indian Penal Code and under Sections 3, 4, 5, of the Immoral
Traffic (Prevention) Act, 1956.
2]
Prosecution case in short is that, complainant Rupin
Bhalchandra Patil Police Constable no.040912 lodged report to N.M.Joshi
Marg Police Station inter­alia contending that, accused persons in
furtherance of their common intention used to get prostitution business
done from the victims and maintaining themselves on the income of said
business. Accused persons in furtherance of their common intention used
to compel the victims to do prostitution business. On these allegations, the
complainant lodged report and offence punishable under section 370(1),
370(3), 114, 294, 34 of the Indian Penal Code and under Sections 3, 4, 5,
of the Immoral Trafficking (Prevention) Act, 1956 came to be registered
against the accused vide crime No.887/2022.
3]
The contention of the applicant is that he is innocent and
falsely implicated in the present case. There is no evidence with respect to
involvement of applicant towards commission of offence. He is ready and
willing to co­operate with the police machinery as and when called. He
will not tamper with the prosecution witnesses and will not pressurize or
give any false assurance to any of the witnesses. He is ready and willing to
abide by any conditions imposed by the Court. Hence, he prayed to release
them on bail.
4]
The prosecution has filed say at Exh.2 and opposed the
application on the ground that if he is released on bail they will flee from
the court of justice. He will obstruct in the investigation and will
pressurize the prosecution witnesses. Charge­sheet is yet to be filed.
Hence, it prayed to reject the application.

BA 1764/2022
5]
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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
FINDINGS
1) Whether
the accused/applicant
entitled for bail ?
2) What order ?

is
Yes.
As per final order.

REASONS
Point No.1 :­
7]
On perusal of contents of FIR, it appears that the Rupin
Bhalchandra Patil Police Constable no.040912 alongwith other police
officials, Worli Police Station on 08/07/2022 had effected raid at “The
Thai Sop”, Shop No.F­17, Highstreet Pheonix Mall, 1 st Floor, 462 Senapati
Bapat Marg, Lower Parel(W), Mumbai, as prostitution business is being
run by the accused from where he has rescued 6 victim girls. It apperas
that accused nos.1 to 5 are taken in MCR in present Crime no.887/2022.
All the victims are major. Accused was arrested on 09/07/022. The
prosecution has not prayed for further detention of the accused for further
investigation. The victim girls have not made any allegation against the
accused that he had compelled them to do prostitution business. The
apprehension of the prosecution is only that if he is released on bail, he
will pressurize the prosecution witnesses, will tamper the prosecution
evidence and flee from the Court of justice. The apprehension of the
prosecution can be taken care of by imposing certain stringent conditions.

BA 1764/2022
8]
..4..

Considering these facts and considering the nature of offence
and considering the medical condition of accused, 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)
Bail Application No.1764/2022 is allowed.

2)
The applicant Ms. Elwyn Reena Rodrigues be released on bail for
the offence punishable under sections 370(1), 370(3), 114, 294, 34
of the Indian Penal Code and under Sections 3, 4, 5, of the Immoral
Trafficking
(Prevention)
Act,
1956
vide
crime
No.887/2022
registered with N.M.Joshi Marg Police Station, Mumbai on P.R. Bond
of Rs.15,000/­ with one solvent surety in like amount, on
the
following conditions :­
a)
The applicant 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 applicant shall not tamper with the evidence.

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

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

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

BA 1764/2022
f)
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The applicant shall furnish her permanent address and
temporary address, if any, and her contact details to the
concerned Court.

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

h)
If the applicant disobeyed any of the above condition, the
prosecution is at liberty to move the Court for cancellation of
bail.

3.

Bail before lower Court.

4.

Criminal Bail Application no.1764/2022 stands disposed of
accordingly.

22/07/2022
Date of Dictation
: 22/07/2022
Date of Transcription : 22/07/2022
Date of signature
: 22/07/2022
MADHURI
MILIND
DESHPANDE
Digitally signed
by MADHURI
MILIND
DESHPANDE
Date: 2022.07.25
11:44:16 -0300
(Mrs. M. M. Deshpande)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
BA 1764/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
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Mrs.M. S. Putta
Name of the Judge (With Court Room No.) HHJ Mrs. M.M.Deshpande
(CR 41)
Date
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Pronouncement
JUDGEMENT /ORDER
of
22/07/2022
JUDGEMENT /ORDER signed by P.O. on
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