Mumbai, February 29, 2024 – Ashitosh Raju Kavde, an employee of Mudram Spa and Saloon, has been granted bail by the Sessions Court for Greater Mumbai in a case involving human trafficking and prostitution. Additional Sessions Judge Smt. N.S. Shaikh allowed Kavde’s bail application (Bail Application No. 291 of 2024), raising concerns about the reliability of the decoy customer used in the police raid.

Kavde was arrested in connection with Crime No. 82 of 2024, registered at N.M. Joshi Marg Police Station, for offenses punishable under sections 370(3) (trafficking of persons), 294 (obscene acts and songs), and 114 (abettor present when offence is committed) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), and sections 3(1), 4, and 5 of the Immoral Traffic (Prevention) Act (PITA).

Prosecution’s Case:

The prosecution alleged that on January 25, 2024, police conducted a raid at Mudram Spa and Saloon based on information about illegal trafficking of girls. Decoy customer Tejas Kumar Maurya was sent to the spa and was shown ten girls. He selected one and paid ₹4,000. Kavde, who was present at the counter along with a receptionist, was arrested along with the other girls.

Defense Arguments:

Kavde’s advocate, Nadar, argued that his client was falsely implicated. He stated that Kavde was merely an employee of the spa and had no involvement in the alleged offenses. He emphasized that Kavde had cooperated with the investigation, had no prior criminal record, and was a permanent resident of Bhiwandi. He also expressed Kavde’s willingness to abide by any bail conditions.

Prosecution’s Objections:

The prosecution, represented by Additional Public Prosecutor (APP) Meera Choudhary, opposed the bail, arguing that the offense was serious and that Kavde was working in collusion with the spa’s owner. They feared that Kavde, if released, would threaten victims and witnesses or abscond.

Court’s Decision:

Judge Shaikh, after reviewing the FIR and remand papers, noted that Kavde had been in judicial custody since February 1, 2024, and that no further recoveries or discoveries were needed from him.

The court raised significant concerns about the reliability of the decoy customer, Tejas Kumar Maurya. The defense provided evidence that:

• Maurya was subject to an externment order during the raid period, as per a previous court order (BA No. 2136 of 2021).
• Maurya was an accused in another human trafficking case (Crime No. 594 of 2020, Powai Police Station).
• Maurya was also accused of extortion, claiming to be a police informer (Crime No. 25 of 2020, D.B. Marg Police Station).

Considering these factors, the court questioned the credibility of the raid conducted with the help of such a decoy customer.

The court concluded that since Kavde was in judicial custody and no further custodial interrogation was required, and considering the questionable reliability of the decoy customer, he was entitled to bail.

Conditions of Bail:

Judge Shaikh granted Kavde bail on the following conditions:

• He must execute a personal bond (PR Bond) of ₹15,000 with one or more solvent sureties of the same amount.
• He must submit proof of his residence, Aadhaar Card, and Election Card (if available).
• He must not involve himself in any other crime.
• He must not tamper with prosecution evidence.
• He must not directly or indirectly influence any person acquainted with the case.
• He must attend all trial dates.
• Breach of any condition will result in the immediate cancellation of bail.

Significance of the Order:

This order highlights the court’s scrutiny of police procedures, particularly the use of decoy customers with questionable backgrounds. The court’s decision to grant bail reflects its concern about the reliability of evidence obtained through such means. The case also emphasizes the importance of verifying the credibility of individuals involved in police raids.