Cri.Bail Application No.276/2024
..1..

MHCC020019602024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.276 OF 2024
(CNR NO.MHCC02-001960-2024)
(C.R.NO.828/2023)
Nikita Haridas Ghadge
Aged 33 Years, Occupation: Service,
Residing at Room No.8, S.M.Park,
Kharghar, Navi Mumbai.
..Applicant/Accused
V/s.
The State of Maharashtra
Through Pantnagar Police Station
…Respondent
Appearance :Mr. B.M. Choure, Ld.Advocate for Accused.
Mrs. Meera Choudhari-Bhosale and Mrs. Rajlaxmi Bhandari, Ld.
Addl.P.P. for Respondent/ State.
CORAM : H.H.DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41)
DATED : 22ND FEBRUARY, 2024
ORDER
01.

The application is filed by the accused under Section 439
of the Code of Criminal Procedure, 1973 in connection with C.R.
No.828/2023 registered with Pantnagar Police Station for the offence
punishable under Sections 370(A), 370(3) of the Indian Penal Code,
1860 and sections 4 and 5 of the Immoral Traffic (Prevention) Act,
1956.

..2..

02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that false and concocted FIR is filed. The
accused does not have any nexus in the commission of the offence.
He categorically submitted that the accused did not force the victims
in prostitution. He further submitted that the accused did not secure
any girls for prostitution and did not receive any amount and was
not living on the earnings of prostitution. There are no criminal
antecedents against the accused. She is permanent resident of
Mumbai. The accused is ready to abide by all terms and conditions
imposed by the Court.

He has prayed for grant of bail to the
accused.
04.

Per contra, Addl.P.P. submitted that the offence is
serious in nature. The investigation is at a preliminary stage. If the
accused is granted bail, there is possibility that she will tamper with
prosecution evidence and witnesses. There is possibility that she will
abscond and not remain present for trial. If the accused is granted
bail, there is possibility of repetition of crime. She has prayed for
rejection of the bail application.
05.

Perused
information
was
the
record.

received
FIR
that
mentions
woman
that
having
secret
mobile
Nos.9167065630, 9763293583 provides women for prostitution on
giving amount. One dummy customer, one male panch, one female
panch were called. The dummy customer called on mobile
Nos.9167065630, 9763293583 and asked for sexual relations. The
..3..

woman told her name as Nikita i.e. the accused and told him that for
establishing sexual relations, he would have to pay Rs.15,000/- and
called him at Balaji Hotel near Railway Station, Ghatkopar East.
On 30/12/2023 at about 04:30 p.m., four women in the age group of
30-35 years came to Balaji Hotel and dummy customer gave the
envelope containing Rs.15,000/- to one of them. Her name was
Nikita i.e. the present accused. When the accused accepted the
envelope containing Rs.15,000/-, he signaled to the police and raid
was conducted. Three victims were rescued. Shoulder purse, Mobile
Phone and cash was seized from the accused.
06.

Statement of the victims Manali and Reena under
section 164 of the Code of Criminal Procedure, 1973 are recorded. It
is the contention of the Ld. APP that in the statement recorded
under section 164 of the Code of the Criminal Procedure, 1973, all
the victims have stated about being coerced into prostitution. But
said statements are not produced by the prosecution on record while
deciding the bail application. Order is passed in RA 01/2024 in
C.R.No.828/2023 of Pantnagar Police Station i.e. present C.R. Upon
perusal of said order dated 02/01/2024 passed by the Metropolitan
Magistrate, 54th Court, Mazgaon, Mumbai for ITPA, it is seen that it
is mentioned in para 5 that- During the inquiry any sort of force or
coercion not detected regarding sex work done by the said victim. It
is also appended that their involvement in the sex work was found to
be voluntarily. Moreover, voluntary sex work is at all not illegal.
07.

Statement under section 164 of the Code of Criminal
Procedure, 1973 is recorded by Metropolitan Magistrate and enquiry
..4..

under section 17 of the PITA is also done by the Metropolitan
Magistrate. Instead of checking the veracity of the statement of the
victim, at this stage, it is seen whether continued incarceration of the
accused is required or not.
08.

Accused is arrested on 31/12/2023. Taking into
consideration
that
during
enquiry
before
the
Metropolitan
Magistrate, it has come on record that no force or coercion was
detected by the present accused on the victim to engage in
prostitution. Further, all the victims are major. Statement of the
victim under section 164 of the Code of Criminal Procedure, 1973
and spot panchanama is drawn. Mobile phone, notes are seized.
Accordingly, continued incarceration of the accused is not required.
09.

The accused does not have any criminal antecedents and
is permanent resident at Navi Mumbai, Dist. Thane. Thus, there is
no possibility of absconding or fleeing from justice. To facilitate
investigation, the accused is directed to attend the police station. To
ensure that there is no repetition of the offence, certain terms and
condition can be imposed upon her. To protect the victim, the
accused is directed not to contact victims directly or indirectly. For
the aforesaid reasoning, it is found fit to grant bail to the accused by
imposing certain terms and conditions. Hence, the orderORDER
1.

The Criminal Bail Application is allowed.

2.

The accused Nikita Haridas Ghadge be released on bail in
Crime No.828 of 2023 registered with Pantnagar Police Station
for the offence punishable under Sections 370 (A), 370(3) of the
Indian Penal Code, 1860 and sections 4 and 5 of the Immoral
..5..

Traffic (Prevention) Act, 1956 on executing P.R. Bond of
Rs.25,000/- with one or more surety/sureties in like amount, on
the following conditions :a) She shall attend Pantnagar Police Station on 1 st and 3rd
Saturday of every month from 10:00 a.m. to 11:00 a.m. till
the filing of the charge-sheet and thereafter, on the 1 st
Saturday of every month till conclusion of the trial.

b) She shall not leave the jurisdiction of Mumbai, without
the leave of this Court.

c) She shall give her present address and telephone numbers
to the Investigating Officer as well as to this Court.

d) If there is change in the address, she shall inform the same
to the Investigating Officer as well as to this Court.

e) She shall not tamper or attempt to influence any person
concerned with the case.

f) She shall co-operate in the conduct of the trial.
g) If there is breach of any of the conditions as stated above,
the prosecution shall be at liberty to seek cancellation of
accused’s bail.

3.

Bail before the Ld. Metropolitan Magistrate’s Court.

Date: 22/02/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
..6..

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
22/02/2024
05.46 P.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
22/02/2024
ORDER signed by P.O. on
22/02/2024
ORDER uploaded on
22/02/2024