Mumbai, March 13, 2024 – Lalbahadur Parasnath Gupta, accused in an immoral trafficking case, has been granted bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge N.G. Shukla allowed Gupta’s bail application (Bail Application No. 568 of 2024), citing his limited role in the alleged crime and the completion of the investigation.

Gupta was arrested in connection with C.R. No. 317/2023, registered at Navghar Police Station, for offenses punishable under sections 370(1)(3) (trafficking of persons) of the Indian Penal Code (IPC) and sections 4 and 5 (procuring, inducing or taking person for the sake of prostitution) of the Prevention of Immoral Trafficking Act (PITA).

Prosecution’s Case:

The prosecution alleged that they received secret information about the immoral trafficking of women for prostitution. They sent a dummy customer, and Gupta allegedly brought two victim women in his rickshaw for prostitution and accepted ₹2,000 from the dummy customer.

Defense Arguments:

Gupta’s advocate, Siddhesh Samel, argued that his client’s earlier bail application was rejected when the investigation was ongoing and the charge sheet was not filed. Now, the investigation is complete, and the charge sheet has been filed. He emphasized that Gupta’s role was limited to bringing the victims to the spot and accepting the money. He argued that the trial would take a long time and requested bail for his client.

Prosecution’s Objections:

The Additional Public Prosecutor (APP), R.V. Tiwari, opposed the bail, arguing that Gupta was part of a racket and knowingly brought women for prostitution. He stated that ₹2,000 was recovered from Gupta and that he might tamper with the evidence if released.

Court’s Decision:

Judge Shukla, after considering the submissions, noted that Gupta’s role, as per the FIR, appeared limited to bringing the victims to the spot and accepting the money. He also considered that the investigation was complete, and the charge sheet had been filed. He acknowledged that the trial would take a long time to commence and conclude.

Considering these factors, the court concluded that Gupta was entitled to bail.

Conditions of Bail:

Judge Shukla granted Gupta bail on the following conditions:

• He must execute a Personal Recognizance (P.R.) Bond of ₹25,000 and provide one or two sureties of the same amount.
• He must not contact, threaten, or induce the informant and other witnesses.
• He must not tamper with the prosecution’s evidence.
• He must attend every court hearing until the conclusion of the trial.
• He must provide his residential address and contact number to the Investigating Officer (IO) and update it from time to time.

Significance of the Order:

This order highlights the court’s consideration of the following factors when granting bail:

• Limited Role: The court considered the accused’s limited role in the alleged crime, as per the FIR.
• Completion of Investigation: The court considered the completion of the investigation and the filing of the charge sheet.
• Delay in Trial: The court acknowledged the potential delay in the commencement and conclusion of the trial.
• Conditions to Ensure Presence: The court imposed conditions to ensure the accused’s presence during the trial and prevent any interference with the investigation.