1
Cri. B.A. No.1724/2022
(CNR NO.MHCC02-009380-2022)
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1724 OF 2022
IN
C.R.NO. 247 OF 2022
1.Mukesh Rameshwar Yadav
Age: 35 yrs.
Residing at: B-105, Vanita Apartment,
Navghar Road, Near Hanuman Mandir,
Jain Nagar, Bhayander (East)
Thane-401105 Maharashtra
2. Sanjay Hiro Yadav
Aged : 38 years, Occ. : -Residing at : Village- Petadiri,
Post- Patra, P.S. Itkhori Vhatra,
Jharkhand-825408
..Applicants/Accused
Vs.
The State of Maharashtra,
(At the instance of Nagpada Police Station
vide their C.R.No.247/2022)
..Respondent
CORAM:H. H. THE ADDITIONAL SESSIONS JUDGE
MRS. MADHURI.M.DESHPANDE
(Court Room No.41)
DATE : 28th July 2022.
Adv. Ms. Roshini Singh for Applicants.
APP Mr. 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 them on bail in connection with C.R. No.247/2022
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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 Shri.

Bhagwan Shankar Jadhav P.C. No.1034 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 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.247/2022.
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 29 years to 45 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
applicants and severe prejudice at injustice would be caused to the
applicant and his family members. They has no criminal
antecedent.

Nothing is to be recovered or discovered at the
instance of the applicant. They are ready and willing to co-operate
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Cri. B.A. No.1724/2022
with the police machinery as and when called. They shall not
tamper with the prosecution witnesses and he 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. Accused No.2 is from out of State. If applicants/
accused is 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 ?

FINDINGS
Yes.
As per final order.

REASONS
Point No.1 :7]
On perusal of contents of FIR, it appears that the Shri.
Bhagwan Shankar Jadhav P.C. No.1034 of Nagpada Police Station
lodged report to Nagpada Police Station on 12.05.2022 at about
05.40 p.m. effected raid at 14th lane, Kamathipura, Nixan Building,
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Opposite Alexzandra Building, Nagpada, Mumbai 400008 as
prostitution business is being run by the applicants, from where
has rescued five victims.

All victims are major. Accused are
arrested on 12/05/2022. 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.1724 of 2022 is allowed.

2)
The applicants Accused No.1 Mukesh Rameshwar Yadav and
Accused No.2 Sanjay Hiro Yadav 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.247/2022
with Nagpada Police Station, Mumbai, on P.R. Bond of
Rs.15,000/- each with one local solvent surety in like amount,
on the following conditions :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.

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Cri. B.A. No.1724/2022
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
28/07/2022
Date of Dictation
: 28/07/2022
Date of Transcription : 28/07/2022
Date of signature
: 28/07/2022
Digitally signed by
MADHURI MILIND
DESHPANDE
Date: 2022.08.01
17:13:29 +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.”
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Mr. A. S. PATIL
HHJ Mrs. MADHURI
Deshpande (CR 41)
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/ORDER
28/07/2022
JUDGEMENT /ORDER signed by P.O. on
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