Mumbai, July 21, 2022 – Sonukumar @ Sonu Pokhan Dangi, accused of human trafficking and related offenses, has been granted bail by Additional Sessions Judge M.M. Deshpande. The court cited the possibility of consensual prostitution, the prior grant of bail to co-accused, and the completion of the investigation as reasons for granting bail.

Dangi was arrested in connection with C.R. No. 739/2021 registered at D.B. Marg Police Station, Mumbai. He was charged under Sections 370(3) (trafficking of a person), 346 (wrongful confinement), 343 (wrongful confinement for three or more days), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), as well as Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956.

Prosecution’s Case:

The complainant alleged that Dangi and other accused persons forced her and other victims into prostitution and withheld their earnings.

Defense Arguments:

Advocate S.G. Nadar, representing Dangi, argued that his client was innocent and falsely implicated. He stated that Dangi was willing to cooperate with the investigation and abide by any imposed conditions.

Prosecution’s Stance:

APP Bhandari, representing the State, opposed the bail application, arguing that the investigation was ongoing, other accused were yet to be arrested, and Dangi would influence witnesses if released.

Court’s Observations and Decision:

Judge Deshpande noted the following key points:

• Possibility of Consensual Prostitution: The court acknowledged that the complainant had come to Mumbai for the purpose of prostitution, raising the possibility that her involvement was consensual.
• Prior Bail to Co-Accused: Two co-accused in the same case had already been granted bail in BA.3155/2021.
• Completion of Investigation: The prosecution had not sought further detention of the accused for investigation purposes.
• Victim’s Age: The victim was a major.

“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. 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,” Judge Deshpande stated in her order.

Conditions of Bail:

Dangi was granted bail on the following conditions:

• He must furnish a Personal Recognizance (PR) Bond of Rs. 15,000 with one solvent surety of the like amount.
• He must not directly or indirectly influence any witnesses.
• He must not tamper with evidence.
• He must attend all court hearings.
• He must not leave India without court permission.
• He must not commit similar offenses.
• He must provide his permanent and temporary addresses and contact details to the court.
• He must not change his residential address without informing the investigating officer and the court.
• Violation of any condition may result in bail cancellation.
• Bail to be furnished before the lower court.

Implications:

This decision highlights the court’s consideration of the possibility of consensual prostitution in human trafficking cases. The court’s reliance on the prior grant of bail to co-accused and the completion of the investigation demonstrates a balanced approach to bail decisions. The court’s imposition of stringent conditions aims to ensure the accused’s compliance with the law and prevent any potential interference with the investigation or witnesses.