Mumbai, February 6, 2024: A sessions court in Mumbai has granted bail to Sarena Chobada Mandal, also known as Sarena Baby Sabed Ali, who was arrested in connection with a case under the Immoral Traffic (Prevention) Act (ITPA) and relevant sections of the Indian Penal Code (IPC). The case was registered with Bhandup Police Station under C.R. No. 752/2023.
The Allegations and Arrest:
According to the prosecution, police had received secret information that illegal prostitution activities were being conducted at a location in Sonapur, Bhandup West. Acting on the tip-off, a dummy customer was sent to the premises on December 15, 2023. The prosecution claims that the accused showed the dummy customer two women and accepted Rs.1,000 in cash. A raid followed, resulting in the rescue of the victims and the arrest of Mandal. During the raid, the police seized cash, condoms, and a mobile phone from the scene.
The accused was subsequently booked under Sections 370(2)(3) of the IPC and Sections 3, 4, 5, 6, and 7 of the ITPA, which deal with human trafficking and offenses related to managing or profiting from a brothel.
Defense Arguments:
Advocate Shahid Iqbal, representing the accused, argued that Mandal had no involvement in the alleged crime. He contended that the accused neither forced the victims into prostitution nor managed a brothel. He further pointed out that the victims themselves stated in their statements recorded under Section 164 of the Code of Criminal Procedure that they engaged in sex work voluntarily due to financial difficulties. The defense also highlighted that Mandal had no prior criminal record and suffered from various health issues, making continued incarceration unnecessary.
Prosecution’s Stand:
On the other hand, Additional Public Prosecutors Meera Choudhari-Bhosale and Rajlaxmi Bhandari opposed the bail, emphasizing the serious nature of the offense. They argued that since the investigation was still in its preliminary stage, granting bail could allow the accused to tamper with evidence or influence witnesses. The prosecution also raised concerns about the possibility of the accused absconding or repeating the offense if released.
Court’s Observations and Bail Grant:
After hearing both sides, Additional Sessions Judge Dr. Gauri Kawdikar noted that the victims were adults and had voluntarily engaged in sex work. The judge also observed that their statements did not indicate any force or coercion by the accused. The court referred to an earlier order passed by the Metropolitan Magistrate, which stated that the victims were not forced into prostitution and that voluntary sex work is not illegal.
Considering these factors, the court granted bail to Mandal, directing her to furnish a personal bond of Rs. 25,000 with one or more sureties. Several conditions were imposed on her, including:
- Reporting to Bhandup Police Station on the 1st and 3rd Saturday of every month until the charge sheet is filed, and thereafter on the 1st Saturday of every month until the trial concludes.
- Prohibition from leaving Mumbai without prior court permission.
- Providing her current address and contact details to the investigating officer and the court, along with notifying them of any address changes.
- Avoiding any contact with the victims, directly or indirectly.
- Not tampering with evidence or influencing any person connected with the case.
- Cooperating fully in the investigation and trial.
The court further ruled that if Mandal violated any of these conditions, the prosecution could move for the cancellation of bail.
Legal and Social Implications:
This case highlights the legal complexities surrounding sex work in India. While laws against trafficking and forced prostitution are strict, voluntary participation in sex work is not illegal. The court’s decision underscores the importance of differentiating between voluntary and coerced activities while upholding individual rights.
Mandal’s release on bail also reflects the judiciary’s cautious approach to cases under the ITPA, ensuring that legal provisions are not misused to criminalize individuals without sufficient evidence. The case is set to proceed further as the investigation continues.
