MHCC020055332024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.855 OF 2024
(C.R.NO.154/2024)
Zoher Abbas Shabbir Rajan
Age 32 Years, Occupation: Business,
Residing at Room No.3, 3rd Floor,
Musa Kasam Bldg.No.3,
Main Bazar in front of Abhinav Bank,
Mumbra, Dist-Thane.

..Applicant/Accused
V/s.
The State of Maharashtra
At the instance of Bhandup Police Station
vide C.R.No.154/2024.

…Respondent
Appearance :Mr. Shahid Iqbal, Ld.Advocate for Accused.
Mrs.Meera Choudhari-Bhosale, Ld.A.P.P. for Respondent/ State.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 41)
DATED : 16TH APRIL, 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.154/2024 registered with Bhandup Police Station 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.

BA No.855/2024
02.

-2-
Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.02. It is adopted by the Ld. A.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 against
accused. 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. He 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, A.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 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.
05.

Perused the record. FIR mentions that on 11/03/2024
secret information was received that the woman having mobile
7208575858 was providing girls for prostitution on giving amount
two panchas and one dummy customer was called. The dummy
customer called from his mobile No.9773577894 on the mobile
number of the accused 7208575858. The woman told her name as
BA No.855/2024
-3-
Komal and told that the amount of Rs.25,000/- was to be paid for
providing girl for the prostitution. Accordingly, the dummy
customers asked, whether the girl could be provided at Hotel Blue
Sky. She replied that at 1:00 p.m., the girl would be provided at
Hotel Blue Sky. The dummy customer was given
two notes of
Rs.500/-. Blank paper was kept in between said notes and the bundle
was made. Room was booked in the Hotel Blue Sky. On 11/03/2024
ata bout 12:45 p.m., four women in the age group of 30-35 years
came in the reception of Hotel Blue Sky. They talked with the
dummy customer and came in the hotel.

After some time, the
dummy customer called on 9403441378 of Police Medhe. Raid was
effected in Room No.125 and 4 women were found in said room.
One woman was Komal who was providing women for prostitution.
Three victims were rescued. The envelope containing the amount was
seized from Komal. FIR was lodged on 11/03/2024.
06.

Statement of the victims under section 164 of the Code
of Criminal Procedure, 1973 are recorded. Order is passed in RA
13/2024 in C.R.No.154/2024 of Bhandup Police Station i.e. present
C.R. Upon perusal of said order dated 01/04/2024 passed by the
Metropolitan Magistrate, Special Court for ITPA, 54 th Court at
Mazgaon, Mumbai, it is seen that it is mentioned in para 5 thatDuring 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. As mentioned supra these victim No.1 is major and
could take care of herself. Hence, she is at liberty to reside,
move freely or to profess any business wherever feel.
However, from the reports involvement of victim Nos.2 and
BA No.855/2024
-4-
3 not found in the said trade. Wherein, as mentioned supra,
the victims are major as per their medical report.
07.

Accused is arrested on 28/03/2024. 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 victims to engage in
prostitution. Further, all the victims are major. Statement of the
victims under section 164 of the Code of Criminal Procedure, 1973
are recorded and spot panchanama is drawn. Mobile Phone, Notes
are seized. Accordingly, continued incarceration of the accused is not
required.
08.

There are no criminal antecedents against the accused.

The accused is permanent resident at Mumbra, Dist. Thane. To
facilitate investigation, the accused is directed to attend the police
station. To ensure that the accused does not abscond, there is no
repetition of the offence, certain terms and condition can be imposed
upon him. 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 Zoher Abbas Shabbir Rajan be released
on bail in Crime No.154 of 2024 registered with Bhandup
Police Station 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-
BA No.855/2024
-5-
a) He shall attend Bhandup 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 1st Saturday of every month till
conclusion of the trial.

b) He shall not leave the jurisdiction of Mumbai,
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.

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.

4.

Breach of any condition would entail cancellation of bail.

Date: 16/04/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
BA No.855/2024
-6-
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
16/04/2024
05:04 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
16/04/2024
ORDER signed by P.O. on
16/04/2024
ORDER uploaded on
16/04/2024