BA 1763/2022
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MHCC020096002022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1763 OF 2022
(CNR NO.MHCC02-009600-2022)
IN
C.R.NO.739 OF 2021
Shri Sonukumar @ Sonu Pokhan Dangi
Age – 28 years, Occ : Sweeper,
Residing at Room No.1, Ground Flr.,
Dayanand Building, Grant Road,
Mumbai – 400 004
(At present lodged in Arthur Road
Prison, Mumbai)
..Applicant
Vs.
State of Maharashtra,
At the instance of D.B.Marg Police
Station in C.R.NO.739/2021
..Respondent
CORAM:H. H. THE ADDITIONAL SESSIONS JUDGE
MRS. M.M.DESHPANDE
(Court Room No.41)
DATE : 21st July 2022.
Adv. S. G.Nadar for Applicant.
APP Bhandari for State.

ORDER
1.

This is an application filed by the applicant under Section
439 of the Code of Criminal Procedure, praying for releasing him on
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bail in connection with C.R. No.739/2021 registered with D.B. Marg Police
Station, Mumbai under Sections 370(3), 346, 343, 34 of the Indian Penal
Code and under Sections 3, 4, 5, of the Immoral Traffic (Prevention) Act,
1956.
2]
Prosecution case in short is that, complainant Bijli Khatun
Anwar Hussain @ Babli Vijaykumar Das @ Bithi lodged report to D.B.
Marg Police Station inter-alia contending that, accused persons in
furtherance of their common intention used to get prostitution business
done from the victims and maintaining themselves on the income of said
business. Accused persons in furtherance of their common intention used
to compel the victims to do prostitution business. On these allegations, the
complainant lodged report and offence punishable under section 370(3),
346, 343, 34 of the Indian Penal Code and under Sections 3, 4, 5, of the
Immoral Traffic (Prevention) Act, 1956 came to be registered against the
accused vide crime No.739/2021.
3]
The contention of the applicant is that he is innocent and
falsely implicated in the present case. He is ready and willing to co-operate
with the police machinery as and when called. He will not tamper with the
prosecution witnesses and will not pressurize or give any false assurance
to any of the witnesses. He is ready and willing to abide by any conditions
imposed by the Court. Hence, he prayed to release him on bail.
4]
The prosecution has filed say at Exh.2 and opposed the
application on the ground that investigation is in progress. Accused was
doing illegal activities, other accused persons are yet to be arrested. The
documents about ownership of the spot are yet to be seized. If he is
released on bail, he will pressurize witnesses and complainant and he will
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commit similar type of offence and will flee from the Court of justice.
Hence, it prayed to reject the application.
5]
Heard learned A.P.P for the State and learned counsel for the
accused. Gone through the record.
6]
In
view
of
these
facts,
following
points
arise
for
determination and findings thereon are recorded against each of them, for
the reasons stated below :
Sr.
No.

POINTS
FINDINGS
1) Whether
the accused/applicant
entitled for bail ?
2) What order ?

is
Yes.
As per final order.

REASONS
Point No.1 :7]
On perusal of documentary evidence placed on record, it
appears that the complainant came to Mumbai for the business of
prostitution. The present applicant handed over the complainant and her
friend to another accused Ravindra Kumar and provided a place for doing
prostitution business and forced them to do the prostitution business and
did not give the earning of the business to her and was kept locked in
Barkha Hotel, Nagpada. The complainant and her friend ran away as they
did not get the earnings of prostitution. Considering such circumstances,
possibility cannot be ruled out that complainant and her friend were doing
prostitution business and were not trafficked as such. Two accused persons
of this crime have already being released on bail in BA.3155/2021. Victim
is major.

BA 1763/2022
8]
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The prosecution has not prayed for further detention of the
accused for further investigation. The apprehension of the prosecution is
only that if he is released on bail, he will pressurize the prosecution
witnesses, will tamper the prosecution evidence and flee from the Court of
justice. The apprehension of the prosecution can be taken care of by
imposing certain stringent conditions.
10]
Considering these facts and considering the nature of offence
and considering the medical condition of accused, I am of the view that it
will be just and proper to allow this application and to release the
applicants on bail imposing some conditions. Hence, the following order :ORDER
1)
Bail Application No.1763/2022 is allowed.

2)
The applicant Sonukumar @ Sonu Pokhan Dangi be released on bail
for the offence punishable under sections 370(3), 346, 343, 34 of the
Indian Penal Code and under Sections 3, 4, 5, of the Immoral Traffic
(Prevention) Act, 1956. vide crime No.739/2021 registered with D.B.
Marg Police Station, Mumbai on P.R. Bond of Rs.15,000/- with one
solvent surety in like amount, on the following conditions :a)
The applicant 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.

b)
The applicant shall not tamper with the evidence.

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c)
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The applicant shall remain present before the Court on each and
every date till the completion of trial.

d)
The applicant shall not leave India without permission of the
Court.

e)
The applicant shall not commit similar type of offence in future.

f)
The applicant shall furnish his permanent address and
temporary address, if any, and his contact details to the
concerned Court.

g)
The applicant shall not change his residential address without
prior intimation to the Investigation Officer and to the
concerned Court.

h)
If the applicant disobeyed any of the above condition, the
prosecution is at liberty to move the Court for cancellation of
bail.

3.

Bail before lower Court.

4.

Criminal Bail Application no.1763/2022 stands disposed of
accordingly.

21/07/2022
Date of Dictation
: 21/07/2022
Date of Transcription : 21/07/2022
Date of signature
: 21/07/2022
MADHURI
MILIND
DESHPANDE
Digitally signed
by MADHURI
MILIND
DESHPANDE
Date: 2022.07.21
17:32:09 +0530
(Mrs. M. M. Deshpande)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
21/07/2022
Upload Time
Name of Stenographer
5.30 p.m.

Mrs.M. S. Putta
Name of the Judge (With Court Room No.)

HHJ Mrs. M.M.Deshpande
(CR 41)
Date of Pronouncement of JUDGEMENT
/ORDER
21/07/2022
JUDGEMENT /ORDER signed by P.O. on
21/07/2022
JUDGEMENT /ORDER uploaded on
21/07/2022