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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 723 OF 2022
(CNR No. MHCC020041412022)
1.
Gopal Ugar Yadav
)
2.
Saifulla Attyarman Shaikh
)
… Applicants / Accused
)
)
… Respondent
Versus
The State of Maharashtra
(Through D.B. Marg Police Station)
Ld. Adv. Prabhnjay Dave for Applicants /Accused.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. SANJASHREE J. GHARAT
(C.R. NO. 39)
DATED : 08.04.2022.
ORDER
This is an application for bail u/s. 439 of Cr.P.C. in C.R.
No. 746 of 2021 registered with D.B. Marg Police Station for the
offences punishable u/s. 370 (3), 308 r/w. 34 of I.P.C. and u/s. 3, 4, 5
and 7 (1) (B) of ITPA Act.
2.
As per prosecution story on 19.12.2021, the complainant
received information from reliable source that the prostitution is going
on at Maval Building and accused are procuring girls for prostitution.
Therefore, the raid was effected by Senior P.I. Salunkhe having powers
as a Special Police Officer under ITPA Act. At that time, 10 victims were
rescued from the spot of incident. On inquiry they disclosed that they
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are forced to prostitute and accused are retaining part of the
prostitution amount. Therefore, offence came to be registered against
the Applicants and coaccused. It is further pointed out that the earlier
bail applications filed by present Applicants are already rejected by
Court.
3.
The Applicants /Accused claim bail on the ground that they
are falsely implicated in the present offence and previous bail
applications came to be rejected as investigation was in progress.
Therefore, there is a change in the circumstances. It is further submitted
that all the victims were major and willingly involved in prostitution.
Therefore, Sections 370 of the I.P.C. and 5 of PITA Act could not be
applicable. Moreover, the substantial part of the investigation is
completed and therefore, no further custody is required.
4.
The Prosecution has raised objection to grant bail by filing
say. It is submitted on behalf of the prosecution that the investigation is
completed. However, the offence is serious in nature. The Accused not
cooperating in the investigation. Therefore, if the Accused is granted
bail, then there will be every possibility that Accused will tamper with
the prosecution evidence. So also, there is every possibility that they
will threaten the prosecution witnesses. Therefore, the prosecution
strongly objected for release of Accused on bail.
5.
After going through the Prosecution case and argument
advanced it appears that the offence is registered against the accused
for commission of offence punishable u/s. 370 (3), 308 r/w. 34 of the
I.P.C.. It is alleged that the accused procured the victims and forced
them for prostitution. It is submitted on behalf of accused that all the
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girls are major. They are voluntarily involved in prostitution. I have
gone through the reply filed by the prosecution. In the said reply, it is
mentioned that at the time of raid, police found two girls were confined
in one closed place like shelf. It is further submitted that when police
opened the said shelf, they found there was complete dark. So also, two
victims were found confined inside. They found the victims were
shivering. Moreover, the said compartment was not having any
provision for Air and therefore, the victims had issue of breathing when
they are confined and they got suffocated. The victims gave statement
that they are forced into the prostitution, so there is primafacie
evidence that accused locked the victims in premises and sexually
exploited them. The fact that the manner in which two girls found
confined cannot be ignored. The investigation is completed and
Chargesheet is filed. It will take time to decide the matter on merit.
Therefore, detaining the Accused for indefinite period will amount to
pretrial conviction. Hence, prayer made by Accused for release on bail
is hereby allowed subject to following conditions. Hence, I proceed to
pass following order :
ORDER
1.
The Bail Application No.723 of 2022 is hereby
allowed.
2.
The Applicants / Accused Gopal Ugar Yadav and
Saifulla Attyarman Shaikh be released on bail, in C.R. No. 746
of 2021 registered by D.B. Marg Police Station on furnishing
P.R. Bond of Rs. 30,000/ (Thirty Thousand only) each with
one or more solvent sureties in the like amount.
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The Applicants are further directed to visit D.B. Marg
Police Station once in a week, i.e. every Friday between 4.00
to 6.00 p.m. and to maintain the diary in respect of the visit
till conclusion of trial.
4.
The Applicants shall not leave Maharashtra State
without prior permission of the Court.
5.
The Applicants shall submit the proof of their
residential address, phone number, Aadhar Card and Election
Card, if any.
6.
The Applicants shall not involve in any crime, if
found, their bail may be cancelled.
7.
The Applicants are further directed not to tamper
with the prosecution evidence or witnesses.
8.
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 or to the Police Officer.
9.
The Applicants shall regularly attend the case on
each and every date.
10.
The Applicants are further directed not to visit the
place where Prosecution witnesses are residing or to contact
them.
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In case of the violation of condition of bail the
prosecution is at liberty to file an application for cancellation
of bail.
12.
The Provisional cash bail is allowed for Eight Weeks.
(SANJASHREE J. GHARAT)
Additional Sessions Judge,
City Civil & Sessions Court,
Greater Bombay.
Date : 08.04.2022.
Dictation Typed on
Checked & Signed on
:
:
08.04.2022.
11.04.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
11.04.2022 at 12.45 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. SANJASHREE J. GHARAT
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 08.04.2022
JUDGMENT/ORDER signed by P.O. 11.04.2022
on
JUDGMENT/ORDER uploaded on
11.04.2022