BA 1760/2022
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MHCC020095522022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1760 OF 2022
(CNR NO.MHCC02-009552-2022)
IN
C.R.NO.496 OF 2022
Mr. Mohd. Vasim Akram Ansari
Aged Adult, Indian Inhabitant,
Residing at : Ekhande, Parihar,
Sitamarhi, Bihar – 843 324
..Applicant
Vs.
The State of Maharashtra,
(At the instance of Bhoiwada Police Station
vide their C.R.No.496/22)
..Respondent
CORAM:H. H. THE ADDITIONAL SESSIONS JUDGE
MRS. M.M.DESHPANDE
(Court Room No.41)
DATE : 20th July 2022.
Adv. Mr. Sachin Desai for Applicant.
APP Bhandari for State.
ORDER
1]
This is an application filed by the applicants under Section
439 of the Code of Criminal Procedure, praying for releasing him on
bail in connection with C.R. No.496/2022 registered with Bhoiwada
Police Station, Mumbai under Section 370(2) r/w 34 the Indian Penal
BA 1760/2022
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Code and under Sections 4, 5 of the Immoral Traffic (Prevention) Act,
1956.
2]
Prosecution case in short is that, the Hemant Uttam Pagar
Police Constable Buckle No.040748 lodged report to Bhoiwada Police
Station inter-alia contending that, the accused person in furtherance of his
intention where getting the prostitution business done from the victims
and maintaining themselves on the income of the said business. On these
allegations, the report is lodged and offence punishable under section
370(2) r/w 34 the Indian Penal Code and under Sections 4, 5 of the
Immoral Traffic (Prevention) Act, 1956 came to be registered against the
accused vide crime No.822/2022.
3]
The contention of the applicants are that he is falsely
implicated in the present case. Nothing is to be recovered or discovered at
the instance of the applicant. There is no iota of evidence so as to connect
the applicant with the present crime. He is ready and willing to co-operate
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 him on bail.
4]
The prosecution has opposed the application by filing say at
Exh.2 on the ground that, the statement of witnesses are yet to be
recorded.
If he is released on bail he will pressurize the prosecution
witnesses and complainant and he 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.
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6]
In
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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 Hemant
Uttam Pagar Police Constable Buckle No.040748 attached with Bhoiwada
Police Station was called by his Senior alongwith other staffs and informed
that, he had received the information that, at Sharda Pharmacy Ayurvedic
Bhandar, Panchkarm Center 11/23, Municipal Labour Camp, Naigaon
Cross Road, Near Sharda Cinema, Dadar (East), Mumbai-14 as
prostitution business is being run by the accused person from where he
has rescued victim girl. Victim girl is major. Accused person was arrested
on 13/05/2022. The prosecution has not prayed for further detention of
the accused person for further investigation. The victim girl has not made
any allegation against the accused person that he has 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 and
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 considering, the circumstances of
the matter, I am of the view that it will be just and proper to allow this
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application and to release the applicants on bail imposing some
conditions. Hence, the following order :ORDER
1)
Bail Application No.1760/2022 is allowed.
2)
The applicant Mohd. Vasim Akram Ansari be released on bail for the
offence punishable under sections 370(2) r/w 34 the Indian Penal
Code and under Sections 4, 5 of the Immoral Traffic (Prevention) Act
vide crime No.496/2022 registered with Bhoiwada Police Station,
Pune, 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.
f)
The applicant shall furnish his permanent address and
temporary address, if any, and his contact details to the
concerned Court.
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g)
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The applicant shall not change his 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.1760/2022 stands disposed of
accordingly.
MADHURI
MILIND
DESHPANDE
20/07/2022
Date of Dictation
: 20/07/2022
Date of Transcription : 20/07/2022
Date of signature
: 20/07/2022
Digitally signed
by MADHURI
MILIND
DESHPANDE
Date:
2022.07.20
17:26:36 +0530
(Mrs. M. M. Deshpande)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
BA 1760/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
20/07/2022
Upload Time
Name of Stenographer
5.22 P.M.
Name of the Judge (With Court Room No.)
Mrs.S.A. Karre
HHJ Mrs. M.M.Deshpande
(CR 41)
Date of Pronouncement of JUDGEMENT
/ORDER
20/07/2022
JUDGEMENT /ORDER signed by P.O. on
20/07/2022
JUDGEMENT /ORDER uploaded on
20/07/2022