Parineeta Ravindra Kachre Vs State of Maharashtra Bail Application Bombay Sessions Court No 42 of 2024

Cri.Bail Application No.42/2024
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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.

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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
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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
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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.

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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