Mumbai, May 4, 2024 – Avdesh Kailash Yadav and Majida Abdul Kalam Gazi have been granted bail by the Sessions Court for Greater Bombay in a brothel case. Additional Sessions Judge N.S. Shaikh (Court Room No. 39) issued the order on May 4, 2024.
Yadav and Gazi were arrested in connection with C.R. No. 327 of 2024, registered at the Nagpada Police Station, for offenses under Section 370 (trafficking of persons) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and Sections1 3, 4, and 5 of the Immoral Traffic (Prevention) Act.
Background and Allegations:
A raid was conducted by the Nagpada Police on April 16, 2024, at Kamathipura, 11th Lane, based on information about prostitution activities. During the raid, three major girls were found at the location. Gazi was identified as the brothel owner, and Yadav as the manager. A decoy customer allegedly handed over Rs. 1,000 to the accused.
Arguments Presented:
Advocate Shahid Iqbal, representing Yadav and Gazi, argued that they were not involved in the alleged offense and that the victims were major and had voluntarily engaged in the business. They emphasized that the accused had no prior criminal record and had been in judicial custody since April 18, 2024.
Additional Public Prosecutor (APP) Geeta Sharma, representing the State, opposed the bail, arguing that the accused would re-engage in similar offenses, tamper with witnesses, and abscond.
Court’s Reasoning and Decision:
Judge Shaikh noted that the accused had been in judicial custody since April 18, 2024, and that there was no indication of any recovery or discovery requiring their custodial interrogation. The court also acknowledged the accused’s willingness to abide by any conditions imposed.
The court stated that the prosecution’s apprehensions could be addressed by imposing stringent conditions on the accused.
Bail Conditions:
Yadav and Gazi were granted bail upon executing a personal bond of Rs. 20,000 each, with one or more solvent sureties of the same amount. The following conditions were imposed:
- The accused must submit proof of their residence, Aadhar Card, and Election Card, if any.
- They must not involve themselves in any crime.
- They must not tamper with prosecution evidence.
- They must not directly or indirectly influence or threaten any person acquainted with the case.
- They must attend the trial on every date.
- Breach of any condition will result in the cancellation of their bail.
Order Details:
The order was dictated and signed on May 4, 2024, and uploaded on the same day at 5:40 p.m.
This decision reflects the court’s consideration of the fact that the victims were major, the lack of necessity for custodial interrogation, and the imposition of conditions to ensure the accused’s compliance with the legal process.