Mumbai, July 25, 2022 – In a ruling that considered the absence of direct allegations from victims and the progress of the investigation, the Additional Sessions Judge Mrs. M.M. Deshpande (Court Room No. 41) granted bail to Sanjay Singh in connection with an immoral trafficking case registered at N.M. Joshi Marg Police Station (C.R. No. 887/2022). The court emphasized the lack of specific accusations from the rescued women and imposed stringent conditions to address the prosecution’s concerns.

Background of the Case:

Sanjay Singh, a 48-year-old resident of Mira Road, Thane, was arrested in connection with a case registered under Sections 370(1), 370(3), 114, 294, and 34 of the Indian Penal Code (IPC) and Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956. The prosecution alleged that the accused were running a prostitution business at “The Thai Sop” in Lower Parel and had rescued six women from the premises.

Arguments Presented:

Advocate Rajeev Sawant, representing Singh, argued that his client was falsely implicated in the case and that there was no evidence connecting him to the alleged crime. He emphasized Singh’s willingness to cooperate with the police and abide by any conditions imposed by the court.

Additional Public Prosecutor (APP) Bhandari, representing the State, opposed the bail application. She argued that the charge sheet was yet to be filed and that the accused might flee from justice, obstruct the investigation, and pressurize witnesses if released on bail.

Court’s Reasoning and Decision:

Judge Deshpande, after reviewing the First Information Report (FIR), noted that the police had rescued six adult women from the spa. Importantly, she highlighted that the rescued women had not made any specific allegations against Singh, stating that they were compelled into prostitution.

“All the victims are major. Accused was arrested on 13/07/022. The prosecution has not prayed for further detention of the accused for further investigation,” Judge Deshpande stated in her order. “The victim girls have not made any allegation against the accused that he had compelled them to do prostitution business.”

The court also considered that the prosecution’s primary apprehension was that Singh might influence witnesses and flee from justice.

“The apprehension of the prosecution can be taken care of by imposing certain stringent conditions,” the judge observed.

Considering the nature of the offense and the medical condition of the accused, the court decided to grant bail to Singh.

Consequently, the court granted bail to Sanjay Singh, ordering his release upon furnishing a Personal Recognizance (PR) bond of Rs. 15,000 with one solvent surety of the same amount.

The court imposed several conditions, including that Singh must not influence witnesses, tamper with evidence, leave India without permission, commit similar offenses, provide his addresses and contact details, and inform the police of any change in address.

Implications and Significance:

This ruling highlights the importance of direct allegations from victims in cases of immoral trafficking. The court’s decision underscores that mere suspicion or general allegations are not sufficient grounds for prolonged detention, especially when specific accusations from the rescued individuals are lacking.

The case also demonstrates the court’s willingness to balance the rights of the accused with the need to protect potential victims and ensure fair trials. The imposition of stringent conditions reflects the court’s effort to mitigate potential risks while upholding the principle of individual liberty.

The order was dictated, transcribed, and signed on July 22, 2022, and uploaded on July 25, 2022, at 11:15 a.m.