Cri. BA No.137/2022
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MHCC020007042022
IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION No. 137/2022
(CNR NO.MHCC020007042022)
1) Rajankumar Poman Yadav
Age 28 years,
)
)
2) Praan Ranjankumar Yadav
Age 20 years,
)
)
3) Jerry Parmeshwar Shaha @ Jhari Saw
Age 32 years,
)
All are R/at : 1st Floor,
)
Shyamrao Vitthal Marg,
)
Grand Road (E),
)
Mumbai.
)
Versus
The State of Maharashtra
(Through D.B. Marg Police Stn.
)
)
… Applicant /Accused
… Respondent
Ld. Adv. P.R. Dave for Applicant/Accused.
Ld. A.P.P. Mrs. Kshirsagar for State/Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. SANJASHREE J. GHARAT
(C.R. NO. 39)
DATED : 16/02/2022
ORDER
This is application for bail u/s. 439 of Cr.P.C. in C.R. No.
02/2022 registered with D.B. Marg Police Station for the offences
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punishable u/s. 370 (3) r/w. 34 of I.P.C. and u/s. 3,4,5 and 7 (1) (b)
of Immoral Traffic Prevention Act.
2.
As per F.I.R after the information received from reliable
source the raid was effected in Raval Building. At that time, it revealed
that accused are involved in compelling the victim girls for prostitution.
They are living on the earning of prostitution. Moreover, they found
running brothel within 200 meters of Queen Merry High School.
Therefore, the accused came to be arrested. The victims were rescued.
3.
The Applicants/Accused claim bail on the ground that they
are falsely implicated in the present offence. It is submitted that the
victims are major and willingly doing the prostitution in order to earn
money. Therefore, Section 370 of the I.P.C. and Section 5 of ITPA Act,
is not applicable. Moreover, the investigation is completed. Therefore,
further detention is not required. The accused submitted that they are
ready to abide the conditions of bail.
The Prosecution has raised objection to grant bail by filing
say. It is submitted on behalf of the prosecution that the investigation is
in progress. Therefore, if the accused is granted bail, then there will be
every possibility that accused will tamper with the prosecution
evidence. So also, there is every possibility that they will threaten the
prosecution witnesses. Therefore, the prosecution strongly objected for
release of accused on bail.
4.
After going through the Prosecution case and argument
advanced it appears that on 05.01.2022, the raid was effected on
second and third floor of Raval Building which is used for prostitution.
The victims are found major. It is not the case of prosecution that the
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applicants procured the girls for prostitution and compelled them for
said work.
It is alleged that the accused are living on earing of
prostitution by running brothel. The incriminating evidence is already
seized at the time of raid.
Therefore, looking into the nature of
allegations, the prayer made by accused for release on bail, is hereby
allowed subject to following conditions.
ORDER
1. The Bail Application No.137 of 2022 is hereby allowed.
2.
The Applicants / Accused 1) Rajankumar Poman Yadav, 2)
Praan Ranjankumar Yadav and 3) Jerry Parmeshwar Shaha @
Jhari Saw be released on bail, in C.R. No.02 of 2021 registered by
D.B. Marg Police Station on furnishing P.R. Bond of Rs. 20,000/
(Rupees Twenty Thousand only) each with one or more solvent
sureties in the like amount.
3.
The Applicants are further directed to visit D.B. Marg Police
Station once in a week, i.e. every Wednesday between 10.00 a.m.
to 5.00 p.m. and to maintain the diary in respect of the visit till
conclusion of trial.
4. The Applicants shall not leave Maharashtra State without prior
permission of the Court.
5. The Applicants shall submit the proof of their residential address,
phone number, Aadhar Card and Election Card, if any.
6. The Applicants shall not involve in any crime, if found, their bail
may be canceled.
7. The Applicants are further directed not to tamper with the
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prosecution evidence or witnesses.
8.
The Applicants 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 him from disclosing such facts to
the Court or to the Police Officer.
9.
The Applicants shall regularly attend the case on each and every
date.
10. The Applicants are further directed not to visit the place where
Prosecution witnesses are residing or to contact them.
11. In case of the violation of condition of bail the prosecution is at
liberty to file an application for cancellation of bail.
12. The Provisional cash bail of Rs.20,000/ each is allowed for
Eight weeks.
Authenticated copy of this order be supplied.
Date :16.02.2022
Typed on
: 17.02.2022
Checked & Signed on : 18.02.2022
(SANJASHREE J. GHARAT)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
22.02.2022 at 3.30 p.m.
UPLOAD DATE AND TIME
(Ms. Ujwala J. Bhagat)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. SANJASHREE J. GHARAT
room no.)
(C.R. NO.39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 16.02.2022
JUDGMENT/ORDER signed by P.O. 18.02.2022
on
JUDGMENT/ORDER uploaded on
22.02.2022