Mumbai, August 2nd, 2022 – The Sessions Court for Greater Mumbai has granted bail to three individuals, Chand Mohammad Habib Miya, Rajesh Nakuldev Sharma, and Tulsi Das Ashok Ravidas, arrested in connection with a prostitution case in Kamathipura. The court, presided over by Additional Sessions Judge Madhuri M. Deshpande, allowed the bail application, citing the fact that the rescued victims were majors and the absence of evidence suggesting they were compelled into prostitution.

The three applicants were arrested in connection with C.R. No. 378 of 2022, registered at the Nagpada Police Station, under Sections 370 (trafficking of persons), 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code, read with Sections 3, 4, 5, and 7(1)(b) of the Prevention of Immoral Traffic Act (PITA).

According to the prosecution, Police Constable Sachin Rajaram Bugale filed a report alleging that the applicants were running a prostitution business from a room in Kamathipura and profiting from it. Five women, aged between 22 and 40, were rescued from the premises.

The applicants’ defense, presented by Advocate Dave, argued that they were falsely implicated and that the rescued women were majors who were engaged in prostitution willingly. They emphasized the lack of any evidence indicating compulsion or trafficking and the absence of any recovery or discovery of incriminating material at their instance. They also highlighted their permanent residency, lack of criminal antecedents, and willingness to cooperate with the investigation.

The prosecution, represented by Additional Public Prosecutor Meera Choudhari, opposed the bail, citing the seriousness of the offense and the potential for the applicants to influence witnesses and flee from justice.

Judge Deshpande, in her order, noted that the FIR was based on the allegation that the applicants were running a prostitution business and that the rescued women were all majors. She also emphasized the absence of any allegations from the victims that they were compelled into prostitution.

“The victims have not made allegations against the accused that They have compelled them to do prostitution business,” Judge Deshpande stated.

The court acknowledged the prosecution’s apprehension regarding witness tampering and absconding but concluded that these concerns could be addressed through stringent bail conditions.

“The apprehension of the prosecution can be taken care of by imposing certain stringent conditions,” Judge Deshpande noted.

Consequently, the court granted bail to Chand Mohammad Habib Miya, Rajesh Nakuldev Sharma, and Tulsi Das Ashok Ravidas, subject to the following conditions:

• Personal Bond (P.R.) and Surety Bond: Each applicant must execute a P.R. bond of Rs. 15,000/- with one solvent surety of the same amount.
• No Influence on Witnesses: They must not directly or indirectly influence witnesses.
• No Tampering with Evidence: They must not tamper with evidence.
• Court Attendance: They must attend court on every date until the completion of the trial.
• Travel Restrictions: They must not leave India without court permission.
• No Similar Offenses: They must not commit similar offenses in the future.
• Address and Contact Details: They must provide their permanent and temporary addresses and contact details to the court.
• Address Updates: They must inform the investigating officer and the court of any changes in their residential address.
• Bail Cancellation: The prosecution can move for bail cancellation if they disobey any of the conditions.
• Bail Before Lower Court: Bail is granted before the lower court.

The court’s decision underscores the importance of considering the victims’ statements and the presence of compulsion in cases related to prostitution. The Nagpada Police Station will continue its investigation and file a chargesheet.