Cri.Bail Application No.42/2024

MHCC020003032024 IN THE COURT OF SESSIONS FOR GREATER BOMBAY CRIMINAL BAIL APPLICATION NO.42 OF 2024 (CNR NO.MHCC02-000303-2024) IN C.R.NO.876 OF 2023

Parineeta Ravindra Kachre
Aged 24 years, Indian Inhabitant,
Residing at E/92, Shah Colony,
Near Jasmine Store, Kanjurmarg,
Mumbai. ..Applicant

Vs.

The State of Maharashtra At the instance of Tilak Nagar Police Station. ..Respondent

Appearances :Ld. Advocate Mr. S.P.Dhepe, for the Applicant/Accused.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale, for the State/ Respondent.

CORAM : H.H. DR.GAURI KAWDIKAR ADDITIONAL SESSIONS JUDGE, (COURT ROOM NO. 41)
DATED : 20TH JANUARY 2024 ORDER

01.The application is filed by the accused Parineeta Ravindra Kachre under Section 439 of the Code of Criminal Procedure, 1973 in connection with C.R. No.876/2023 registered with Tilak Nagar Police Station for the offence punishable under Sections 370 (3) and 370-A of the Indian Penal Code, 1860 and sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.

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 the accused does not have any role in the commission of the offence. She does not have any criminal antecedents. She is permanent resident of Mumbai and having deep roots in the society. She was arrested on 1/1/2024. He further contended that the trial will take time. 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. Medical examination of the victim is to be conducted. 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 the record. FIR mentions that secret information was received that in Revera SPA and Saloon, the illegal business prostitution is being carried out.

On receipt of said information, a dummy customer was sent to the SPA. On 28/12/2023, the dummy customer gave Rs.2,500/- for massage at the counter, Rs.500/- to the woman doing massage and Rs.2,500/- to the woman who allegedly indulged in prostitution with the dummy customer. Notes of above demonization were recovered from the coaccused, the present accused and the victim. Raid was effected and the victim was rescued.

06.In PITA Cases inquiry has to be done by the Magistrate under section 17 of the Act. Advocate of the accused has filed on record the copy of order passed in RA 60/2023 in C.R.No.876/2023 of Tilak Nagar Police Station i.e. present C.R. Upon perusal of said order dated 18/1/2024 passed by the Metropolitan Magistrate, Special Court for ITPA, 54 th Court at Mazgaon, Mumbai, it is seen that it is mentioned that- During inquiry of victim, she stated that she is not admitted about having indulged into sex work. She is
working as Beauty therapist and earning Rs.20,000/- per month. It is further mentioned in the order that- During the inquiry any sort of force or coercion not detected regarding sex work. As mentioned
supra said victim is major and could take care of herself.

07.It is alleged that the accused gave massage to the dummy customer and provided the other woman for prostitution to him for the amount of Rs.2,500/-. But when the victim herself in her statement to the Magistrate has stated that she did not indulge into any sex work but was working as beautician and that she is a major; continued incarceration of the accused is not required.

08.Statement of the victim under section 164 of the Code of Criminal Procedure, 1973 and spot panchanama is drawn. The accused does not have any criminal antecedents and is permanent
resident at Mumbai. 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 victim 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 Parineeta Ravindra Kachre be released on bail in Crime No.876 of 2023 registered with Tilak Nagar Police Station for the offence punishable under Sections 370(3) and 370-A of the Indian Penal Code, 1860 and sections 3, 4 and 5 of the Immoral 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 Tilak Nagar 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 and Thane, 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: 20/01/2024 Place: Mumbai (Dr. Gauri Kawdikar) Addl.Sessions Judge, City Civil & Sessions Court, Gr. Mumbai