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BA No.72/2024
MHCC020004772024
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO.72 OF 2024
Lalbahadur Parasnath Gupta
Aged 40 years, Occ. : Rickshaw Driver,
R/at. Kisan Nagar NO.2, Indira Nagar Chawl,
Road No.21, Near Shivsena Upshakha,
Wagle Estate, Thane.

..Applicant
V/s.
State of Maharashtra
(At the instance of Navghar
Police Station, Mumbai in
C.R. No.317/2023).

..Respondent
Appearance :­
Advocate Mr. Siddhesh Samel for the applicant.
APP Mrs. Rashmi Tendulkar for the respondent/State.
CORAM : HHJ SHRI N.G. SHUKLA,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 29.
DATED : 19/01/2024
ORDER
(Dictated and pronounced in open Court)
1.

Applicant­accused who is arrested in Crime No.317/2023 for
the offence punishable under Sections 370(1)(3) of Indian Penal Code and
Sections 4 and 5 of Prevention of Immoral Trafficking Act has filed this
application for bail under Section 439 of The Code of Criminal Procedure.
Prosecution filed say at Exh.2 and opposed the application.

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2.

BA No.72/2024
I have heard learned Advocate Shri. Siddhesh Samel for
applicant and Learned APP Mrs. Rashmi Tendulkar for prosecution.
4.

As per allegations in FIR, police received secret information for
Immoral Trafficking of women for prostitution and the police sent dummy
customer. The applicant brought two victim women from his rickshaw for
prostitution and accepted the amount of Rs.2,000/­ from said dummy
customer and then police intercepted them.
5.

Leaned advocate for applicant submitted that, as per contents
of FIR, one Ajay Singh was agent with whom police had contacted for the
trap. Applicant only brought the women from his rickshaw. He was not
aware whether the women were going for prostitution. Contents of FIR that
the amount of Rs.2,000/­ was produced by dummy customer before police
creates doubt about acceptance of the said amount by the applicant.
Whether applicant was working with the agent Ajay Singh and part of
racket is a matter of trial. Applicant is poor rickshaw driver and his family
depend upon him. He is behind bar since 27.12.2023. The ground of arrest
of absconding accused Ajay Singh is not accepted by learned Magistrate
while rejecting PCR. Applicant is ready to cooperate investigation and abide
any condition. Learned advocate prayed to grant bail to applicant.
6.

Learned APP argued that as per FIR, applicant is part of racket
and he knowingly brought ladies for prostitution before the dummy
customer. Amount of Rs.2,000/­ has been seized from the applicant.
Statements of women are yet to be recorded. If released on bail, applicant
may tamper the evidence. Hence, learned APP prayed to reject the
application.

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7.

BA No.72/2024
I have considered the submissions. As per FIR, in the phone
call, agent Ajay Singh informed to dummy customer the name of applicant
as bringing the victim women for prostitution and accordingly, the
applicant brought the women in front of fixed place. Though there is
different version, but it appears that the dummy customer handed over
amount of Rs.2,000/­ to the applicant and thereafter police intercepted all
of them. The version of producing the amount in FIR is not inconsistent as
submitted by advocate for applicant, but it shows that the amount found
with the applicant was the amount given by dummy customer. Thus, the
role of applicant revealed from FIR is not only the rickshaw driver, but
appears to be more than it as part of racket.
8.

Applicant is resident of Wagle Estate, Thane and both the
victim women are also resident of same area. As of now both the women
are kept in Navjeevn Hostel, but in view of same residential locality, if
released on bail, applicant may pressurize the victim women. Their
statements under Sec.164 of Cr.P.C. are yet to be recorded. Investigation is
at initial stage. Offence alleged against applicant is punishable with
imprisonment which may extend upto life. For these reasons, applicant is
not entitled for bail at least till filing of charge­sheet. Hence, I pass
following order :­
ORDER
Bail Application No.72/2024 is rejected and accordingly disposed of.

Date : 19/01/2024
(N.G. Shukla)
Additional Sessions Judge,
City Civil and Sessions Court,
Greater Bombay
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BA No.72/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER
Name of Stenographer
Upload date and time
Name of the Judge
: Mrs. Shravanti Karre
: 19th January, 2024 (At 05.25 pm.)

H.H.THE ADDL. SESSIONS JUDGE
SHRI N. G. SHUKLA (C.R.No.29)
Date of Pronouncement of Order 19th January, 2024
Order signed by P.O. on
19th January, 2024
Order uploaded on
19th January, 2024