Cri.Bail Application No.302/2024
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MHCC020022232024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.302 OF 2024
(C.R.NO.828/2023)
Reshma Ravindra Sutar
Age 55 Years, Occupation: Business,
Residing at 102, Bharat Sanskar CHS,
Plot No.08, Sector 18,
Kharghar, Raigad 410 210.
..Applicant/Accused
V/s.
The State of Maharashtra
Through Pantnagar Police Station.

…Respondent
Appearance :Mr. K.B. Jangale, Ld.Advocate for Accused.
Mrs. Meera Choudhari-Bhosale and Mrs. Rajlaxmi Bhandari, Ld.
Addl.P.P. for Respondent/ State.
CORAM : H.H.DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41)
DATED : 22ND FEBRUARY, 2024
ORDER
01.

The application is filed by the accused under Section 439
of the Code of Criminal Procedure, 1973 in connection with C.R.
No.828/2023 registered with Pantnagar Police Station for the offence
punishable under Sections 370(3) and 370(A) of the Indian Penal
Code, 1860 and sections 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 false and concocted FIR is filed. Name
of the accused is there in the FIR. The accused does not have any
nexus in the commission of the offence. He categorically submitted
that the accused did not force the victims in prostitution. 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. There are no criminal antecedents against the accused.
She is permanent resident of Mumbai. 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. 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
information
was
the
record.

received
FIR
that
mentions
woman
that
having
secret
mobile
Nos.9167065630, 9763293583 provides women for prostitution on
giving amount. One dummy customer, one male panch, one female
panch were called. The dummy customer called on mobile
Nos.9167065630, 9763293583 and asked for sexual relations. The
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woman told her name as Nikita i.e. the co-accused and told him that
for establishing sexual relations, he would have to pay Rs.15,000/and called him at Balaji Hotel near Railway Station, Ghatkopar
East.

On 30/12/2023 at about 04:30 p.m., four women in the age
group of 30-35 years came to Balaji Hotel and dummy customer
gave the envelope containing Rs.15,000/- to one of them. Her name
was Nikita i.e. the co-accused. When the co-accused accepted the
envelope containing Rs.15,000/-, he signaled to the police and raid
was conducted. Three victims were rescued. Shoulder purse, Mobile
Phone and cash was seized from the co-accused.
06.

Statement of the victims Manali and Reena under
section 164 of the Code of Criminal Procedure, 1973 are recorded. It
is the contention of the Ld. APP that in the statement recorded
under section 164 of the Code of the Criminal Procedure, 1973, all
the victims have stated about being coerced into prostitution. But
said statements are not produced by the prosecution on record while
deciding the bail application. It has come in the say of the
prosecution that in the statement of the victim Poonam, the name of
the present accused was revealed. Order is passed in RA 01/2024 in
C.R.No.828/2023 of Pantnagar Police Station i.e. present C.R. Upon
perusal of said order dated 02/01/2024 passed by the Metropolitan
Magistrate, 54th Court, Mazgaon, Mumbai for ITPA, it is seen that
it is mentioned in para 5 that- During the inquiry any sort of force or
coercion not detected regarding sex work done by the said victim. It
is also appended that their involvement in the sex work was found to
be voluntarily. Moreover, voluntary sex work is at all not illegal.

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07.

Statement under section 164 of the Code of Criminal
Procedure, 1973 is recorded by Metropolitan Magistrate and enquiry
under section 17 of the PITA is also done by the Metropolitan
Magistrate. Instead of checking the veracity of the statement of the
victim, at this stage, it is seen whether continued incarceration of the
accused is required or not.
08.

Accused is arrested on 19/01/2024. Taking into
consideration
that
during
enquiry
before
the
Metropolitan
Magistrate, it has come on record that no force or coercion was
detected by the present accused on the victim to engage in
prostitution. Further, all the victims are major. Statement of the
victim under section 164 of the Code of Criminal Procedure, 1973
and spot panchanama is drawn. Mobile phone, notes are seized.
Accordingly, continued incarceration of the accused is not required.
09.

The accused does not have any criminal antecedents and
is permanent resident at Kharghar, Dist. Raigad. To facilitate
investigation, the accused is directed to attend the police station. To
ensure that the accused does not abscond, remains present for trial,
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 victims 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 Reshma Ravindra Sutar be released on bail in
Crime No.828 of 2023 registered with Pantnagar Police Station
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for the offence punishable under Sections 370 (A), 370(3) of the
Indian Penal Code, 1860 and sections 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 Pantnagar 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, 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:22/02/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
22/02/2024
05:55 P.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
22/02/2024
ORDER signed by P.O. on
22/02/2024
ORDER uploaded on
22/02/2024