Order Below Exh. 1 in Cri. B. Appln.No. 481/2022
(CNR No. MHNS 010018382022)

Saleha @ Shilpa Siraj Qureshi Vs. State.

Heard: Ld.Adv. Mr. Salman Khan for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.

Investigating Officer present.

1.This is an application under section 439 of the Code of Criminal Procedure in Crime No.29/2022 registered at Police Station, Igatpuri, Dist. Nashik for the offence under Sections (4A, 5 & 21 (A) of The Cigarettes and Others Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, Amended, 2018, Sections 65­E, (75­C), 81/83 of Maharashtra Prohibition Act 1949, Sections 3, 4, 5 of The Immoral Traffic (Prevention) Act, 1956. It is the case of prosecution in brief that the accused No. 2 is the owner and sleeping partner of Resort Mountain Shadow in Igatpuri. There was a Hukka party in the said resort. A company Revati Hardware had made the bookings of the guests on­line by providing their I.D. proofs like Adhar Card etc. There was a raid and it was found that the women in the party were hired for prostitution. During the raid, some women were found dancing on the dance floor. Applicant herein is accused no. 55 and it is alleged that she had brought these girls along with accused No. 56.

2. Ld. Adv. for the applicant has submitted that material part of the investigation is over. As per the case of the prosecution itself, none of these girls were minors. Moreover, The Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working Therein), Act, 2016 itself has been enacted, inter­alia, for the benefit of the girls working in Dance Bars. The Statement of Objects and Reasons of the said Act

stipulates that:
“10……………..The said Act is also proposed to regulate the performance of other dances in bars, hotels and restaurants so as to minimize the risk of such dances turning obscene without jeopardizing the right of dancers engaged in legitimate dancing to gainful employment. It is also considered expedient to make provisions to improve the conditions of work of females in such establishments and for ensuring their dignity, as also to prevent their exploitation”.

3. It is not the case of the prosecution that the said dances were obscene. All the co­accused (except accused no. 55 and 56) have been released on bail. Applicant is not a resident of Nashik. She is a permanent resident of Mumbai. Therefore, there is neither any question of her tampering with prosecution witnesses, nor of fleeing from justice. She is ready to abide by the terms and conditions imposed by the Court. She is the daughter of a police head constable and has recently completed her graduation from Mumbai University in First Class. Ld. Adv. for the applicant has filed on record copies of the applicant’s late father’s I.D. Card as well as a copy of her graduation degree.

4. Per contra, Ld. A.P.P. has opposed the application on the ground that there is prima­facie case against the applicant.

5. Material part of the investigation is over. Applicant is ready to abide by the terms and conditions imposed by the Court. Offence is not punishable by life­imprisonment/death. In view of the foregoing discussion, I am inclined to allow the application in terms of the following order:

Order

1] Application is hereby allowed.

2] Applicant Saleha @ Shilpa Siraj Qureshi be released on bail by executing P.R. and S.B. of ₹30,000/­ with one or two local sureties of like amount.

3] Applicant shall not directly or indirectly, make any inducement, threat or promises to any person acquainted with the facts of accusation, so as to dissuade him/her from disclosing such facts to
the Court or to the police officer and shall not tamper with the prosecution witnesses in any manner.

4] Applicant shall not commit any offence.

5] Applicant is duty bound to inform the I.O. and the court about her change of address, if any.

6] Applicant shall furnish residence and ID proof of two blood relatives to the I.O.

7] Applicant shall attend all dates of hearing after the filing of charge­sheet.

(Dictated and pronounced in open Court)
MRIDULA BHATIA Nashik 30/04/2022 Digitally signed by MRIDULA BHATIA Date: 2022.04.30 14:31:31 +0530 Mridula Bhatia District Judge­2 and Additional Sessions Judge, Nashik.