Mumbai, 21st February 2024: In a significant development, the Court of Session at Greater Bombay has granted bail to Mr. Akshaykumar @ Acchekumar Ramjivan Kanojia, the accused in a high-profile human trafficking case registered under Crime No. 09 of 2024 at Wadala Police Station. The bail was granted by Her Honour Additional Sessions Judge Smt. N.S. Shaikh on 20th February 2024, following a detailed hearing of the bail application (BA No. 360 of 2024).
Background of the Case
The case stems from a police trap operation conducted on 12th January 2024, based on information provided by WPN Anita Kadam regarding the trafficking of minor girls. According to the prosecution, a decoy customer was instructed to engage with the co-accused, who allegedly sent photographs of five girls and negotiated a rate of Rs. 2,500/-. The decoy was then directed to a hotel in Wadala, where the trap was laid. During the operation, three victim girls were rescued, and the accused, along with the co-accused, were apprehended. Akshaykumar was arrested on 13th January 2024 and has been in judicial custody since then.
The accused faces charges under Section 370(3) read with Section 34 of the Indian Penal Code (IPC) and Sections 4 and 5 of the Immoral Traffic (Prevention) Act (PITA Act). These provisions pertain to trafficking of persons and involvement in immoral trafficking activities.
Arguments Presented
Defense’s Plea:
The defense, represented by Advocate Shahid Iqbal, argued that Akshaykumar was falsely implicated in the case. It was contended that no recovery or discovery was made from the accused, and he has no prior criminal record. The defense also highlighted that the victim girls were all adults and had already been released by the Metropolitan Magistrate on 31st January 2024. The accused, a permanent resident of Mumbai, expressed his willingness to comply with any bail conditions imposed by the court.
Prosecution’s Opposition:
The prosecution, represented by APP Geeta Sharma, strongly opposed the bail application, citing the seriousness of the offence. They argued that releasing the accused on bail could lead to intimidation of victims and witnesses, as well as the risk of the accused absconding. Additionally, the prosecution pointed out that the statements of the victims under Section 164 of the Criminal Procedure Code (Cr.P.C.) were yet to be recorded, which is a critical part of the investigation.
Court’s Observations and Decision
After hearing both sides and reviewing the FIR, remand papers, and the release order of the victims, the court noted the following key points:
- The accused has been in judicial custody since his arrest, and no further custodial interrogation is required as there is no recovery or discovery to be made from him.
- The victim girls are all adults and have already been released.
- The filing of the charge sheet is likely to take time, and no purpose would be served by keeping the accused in custody during this period.
- The prosecution’s concerns regarding witness intimidation and absconding can be addressed by imposing stringent bail conditions.
Bail Conditions
The court granted bail to Akshaykumar on the following conditions:
- Personal Recognizance (PR) Bond: The accused must execute a PR bond of Rs. 50,000/- with one or two sureties of the same amount.
- Regular Reporting: He must report to Wadala Police Station every Wednesday between 1:00 pm and 4:00 pm until the charge sheet is filed.
- Non-Interference: The accused is prohibited from tampering with prosecution evidence or intimidating witnesses.
- Travel Restrictions: He is not allowed to leave the jurisdiction of Maharashtra State without prior permission.
- Document Submission: The accused must submit proof of his residential address, phone number, Aadhar Card, and Election Card (if any).
- Breach Consequences: Any violation of these conditions will result in immediate cancellation of bail.
Conclusion
The court’s decision to grant bail reflects a balance between the rights of the accused and the need to ensure the integrity of the ongoing investigation. While the accused has been granted temporary freedom, the stringent conditions imposed aim to safeguard the interests of justice and prevent any potential misuse of bail.
The case has drawn significant attention due to the grave nature of the charges and the involvement of human trafficking, a pressing issue in the region. The court’s order underscores the importance of a fair trial while ensuring that the accused does not pose a threat to the legal process.
Next Steps:
The investigation is expected to continue, with the prosecution preparing to file the charge sheet. The accused’s compliance with bail conditions will be closely monitored, and any breach could lead to his immediate re-arrest.
Case Details:
- Bail Application No.: 360 of 2024
- CNR No.: MHCC02-002624-2024
- Judge: Smt. N.S. Shaikh, Additional Sessions Judge, City Civil and Sessions Court, Greater Bombay.
- Date of Order: 20th February 2024.
The case serves as a reminder of the complexities involved in balancing individual rights with the demands of justice in cases involving serious offences.