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Criminal Bail Application No.812/2022
CNR NO. MHCC02-004662-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 812 OF 2022
IN
C.R. NO. 246 OF 2022
Mr. Pritam Raj Arunachalam Thang Raj
Age 45 years, Hindu
Indian Inhabitant, Occu : Business
Residing at 1/266, Sher E Panjab
Chakala, MIDC, Andheri (East)
…Applicant
Mumbai 400093.
Versus
The State of Maharashtra
(At the instance of Santacruz Police
Station, Mumbai)
…Respondent
Appearances:
Advocate Mr. S.S. Dubey for the applicant/Accused.
APP Mrs. Meera Choudhary-Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 22nd APRIL, 2022.
:ORDER:
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Criminal Bail Application No.812/2022
This is bail application filed by accused under section 439 of the
Code of Criminal Procedure 1973 (hereinafter referred to as “Cr.P.C.”)
for grant of regular bail in connection with Crime No.246/2022 for the
offence punishable under Section 370-A(2) r/w 34 of the Indian Penal
Code, 1860 (hereinafter referred to as “IPC”) alongwith Sections 4 and
5 of The Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to
as “PITA” ) registered with Santacruz Police Station.
2.

Heard argument of learned counsel for accused and learned APP
for the State.
3.

Prosecution has alleged that they raided one Ayour Thai Spa and
in the Spa, Spa Manager Jivanand Tag Raj and three victims were
found. It is further alleged that it was found that victims were working
as Spa Therapist and doing prostitution and consideration of such
prostitution used to be taken by Spa Manager Jivanand Tag Raj and
50% out of the same used to be given to the victims. Prosecution has
further alleged that the Spa is taken on rent by applicant-accused
Pritam Raj. They have further alleged that accused No.1 Spa Manager is
his real brother. Prosecution has stated that they seized money,
documents found at the premises and brought accused and victim to the
police station and then this FIR came to be lodged.
4.

Applicant-accused has stated that he is settled in Delhi since last
several years and at the time of incidence he was residing in Delhi.
Applicant-accused has further stated that he is running business in the
name and Style of “AYOUR THAI SPA”
at Juhu Tara Road, Juhu,
Mumbai. Applicant-accused has stated that he is doing this business
since last several year and all the premises is fully covered in CCTV
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Criminal Bail Application No.812/2022
protections. Applicant-accused has further stated that victim girl is
working in said Spa since last several years and she is certified Spa girl
and victims have completed Spa courses from Nirvana Spa ‘N’ wellness
center with valid license from Government institution. Applicantaccused has further contended that investigating machinery has not
seized any objectionable article from business premises. Applicantaccused has further stated that both victim girls have given affidavit
that accused has not forced them. Applicant-accused has further stated
that there are no allegations of threats, force or coercion against him.
Applicant-accused has further contended that Section 370 of IPC is not
applicable and prayed to be released on bail.
5.

Prosecution has stated that accused is running brothel under the
name of Spa. Prosecution has stated that victim girls are from other
State and they want to investigate whether there is big sex racket and
objected the bail application.
6.

Accused has stated that he is running “Ayour Thai Spa”. He has
produced copy of Gumasta License of said business and GST registration
Certificate of the same. He has stated that he is settled in Delhi. Even as
per the allegations of prosecution when the premises was raided
accused was not found in the premises. Learned counsel for accused has
stated that whatever money is seized by police it is from the Spa
Manager and not from accused. The said Manager is real brother of
applicant-accused. Learned counsel for accused has stated that there is
no allegations showing that money from the prostitution by victim girls
goes to accused No.1. It appears, prosecution has not made allegations
that the consideration from the prostitution goes to accused No.1.
Considering all such circumstances because Spa Manager is real brother
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Criminal Bail Application No.812/2022
of applicant accused, a jumping conclusion cannot be drawn that
applicant-accused has taken or taking money from the prostitution of
girls. Furthermore, accused has produced affidavit of victim girls which
states that they are doing the job as per their free wish and accused has
not forced them for anything. Considering the fact that at the time of
raid accused was not at the raided premises and place raided is a Spa
Center and that there is nothing to show that consideration of money
received from prostitution is received by applicant, there appears
substance in the contention of accused that he is running Spa Centre
only and not involved in flesh trade. But investigating machinery has
stated that they want to investigate as to how victim girls brought in
Mumbai. It appears, victim girls are already taken in custody by
investigating machinery and they can investigate about the same. There
are no criminal antecedents of accused brought on record. Considering
all such circumstances, it appears, no purpose is going to be served by
keeping accused behind the bar. But for investigation it will be proper to
direct him to attend police station. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.812 of 2022 is allowed.

2.

Accused viz. Mr. Pritam Raj Arunachalam Thang Raj be released
on bail on his furnishing PB and SB of Rs.15,000/- (Rupees
Fifteen Thousand only), with one or more surety/sureties in the
like amount, in C.R.No.246/2022 for the offence punishable
under Section 370-A (2) r/w 34 of IPC along with Sections 4 and
5 of
PITA Act registered with Santacruz Police Station on the
following conditions:
(i) Accused is directed not to threaten or cause injury to
informant.
(ii) Accused is directed not to tamper with prosecution evidence.

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Criminal Bail Application No.812/2022
(iii) Accused shall co-operate with the investigation of Police.
(iv) Accused is directed to attend concerned Police Station on
every Monday between 9.00 a.m. to 11.00 a.m. till filing of final
report by police.
(v) Accused 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 them from disclosing such facts to the court
or any police officer.
(vi) Accused shall furnish his mobile number, phone number &
his all addresses including permanent, temporary and postal to
the Investigating Officer and in case of change or discontinue
with the mobile numbers provided to Investigating Officer will
inform new mobile number to Investigating Officer till the
conclusion of the trial. Investigating Officer to submit such
addresses and phone and mobile numbers to the Court.
3.

Criminal Bail Application No.812 of 2022 stands disposed of
accordingly.

Dt. 22.04.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 22.04.2022
: 22.04.2022
: 22.04.2022
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Criminal Bail Application No.812/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
27/04/2022 at 02.50 p.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal
Room No.
Room No.41)
Date
of
Pronouncement
Judgment/Order
of 22/04/2022
Judgment/Order signed by P.O.on
22/04/2022
Judgment/Order uploaded on
27/04/2022
(Court