Cri.Bail Application No.57/2024
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MHCC020004092024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.57 OF 2024
(CNR NO.MHCC02-000409-2024)
IN
C.R.NO.876 OF 2023
Prakash Pandurang Mane
Aged 26 years, Occupation: Business,
Residing at Room No.06,
Kamraj Nagar, Near Khadi,
Ghatkopar (E), Mumbai.

..Applicant
Vs.
The State of Maharashtra
At the instance of Tilak Nagar Police Station,
vide their C.R.No.876/2023.

..Respondent
Appearances :Ld. Advocate Mr. Santosh R. Pal, 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 Prakash
Pandurang Mane 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
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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. 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. He
further submitted that offence punishable under sections 370(3) and
370-A of the Indian Penal Code, 1860 are not attracted. He does not
have any criminal antecedents. He is permanent resident of Mumbai
and having deep roots in the society. He was arrested on 28/12/2023.
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 he will tamper with
prosecution evidence and witnesses. There is possibility that he 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.

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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
present accused, the co-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, he stated that he
is not admitted about having indulged into sex work. He 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 is the Manager of the
Revera SPA and Saloon where alleged prostitution was going on.
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
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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 Prakash Pandurang Mane 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) He 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) He shall not leave the jurisdiction of Mumbai and Thane,
without the leave of this Court.

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

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

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

f) He 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