Mumbai, April 16, 2024 – Zoher Abbas Shabbir Rajan has been granted bail by the Sessions Court for Greater Bombay in a case related to prostitution. Additional Sessions Judge Dr. Gauri Kawdikar (Court Room No. 41) issued the order on April 16, 2024.

Rajan was arrested in connection with C.R. No. 154/2024, registered at the Bhandup Police Station, for offenses under Sections 370(A) (trafficking of person) and 370(3) (trafficking of more than one person) of the Indian Penal Code (IPC), 1860, and Sections 4 (living on the earnings of prostitution) and 5 (procuring, inducing or taking person for the sake of prostitution) of the Immoral Traffic (Prevention) Act,¹ 1956.

Background and Allegations:

The prosecution alleged that Rajan was involved in providing women for prostitution. A dummy customer contacted a woman named Komal, who stated that Rajan was involved in providing women for prostitution for a fee. During a raid at a hotel, four women were found, including Komal.

Arguments Presented:

• Applicant’s Argument (Rajan):
  • The FIR is false and concocted.
  • He had no involvement in forcing women into prostitution.
  • He did not procure girls for prostitution or receive any money from it.
  • He has no criminal antecedents.
  • He is a permanent resident of Mumbai.
  • He is willing to abide by all court conditions.
• Prosecution’s Argument:
  • The offense is serious.
  • The investigation is ongoing.
  • Releasing Rajan could lead to tampering with evidence and witnesses.
  • There is a risk of him absconding and repeating the crime.

Court’s Reasoning and Decision:

Judge Kawdikar considered the arguments and the evidence. The court noted:

• During an inquiry before the Metropolitan Magistrate, it was found that there was no force or coercion used by Rajan on the victims to engage in prostitution.
• The victims were all adults.
• Statements of the victims under Section 164 of the Code of Criminal Procedure, 1973, have been recorded.
• The mobile phone and notes were seized.
• Rajan was arrested on March 28, 2024.
• Rajan has no criminal antecedents.
• Rajan is a permanent resident of Mumbra.
• To facilitate investigation, the accused is directed to attend the police station.
• To ensure that the accused does not abscond, there is no repetition of the offence, certain terms and condition can be imposed upon him.
• To protect the victim, the accused is directed not to contact victims directly or indirectly.

Therefore, the court granted bail to Rajan with certain conditions.

Bail Conditions:

Rajan was granted bail upon furnishing a personal bond of Rs. 25,000 with one or more sureties of the same amount. The following conditions were imposed:

• Rajan must attend the Bhandup Police Station on the 1st and 3rd Saturdays of every month from 10:00 a.m. to 11:00 a.m. until the charge sheet is filed, and thereafter, on the 1st Saturday of every month until the trial concludes.
• He must not leave the jurisdiction of Mumbai without the court’s permission.
• He must provide his current address and telephone numbers to the Investigating Officer and the court.
• He must inform the Investigating Officer and the court of any change in his address.
• He must not tamper with or attempt to influence any person involved in the case.
• He must cooperate in the trial.
• He must not contact the victims directly or indirectly.
• Breach of any condition could lead to cancellation of bail.
• Bail to be furnished before the Metropolitan Magistrate’s Court.

Order Details:

The order was signed on April 16, 2024, and uploaded on the same day at 5:04 p.m.

This decision reflects the court’s consideration of the lack of evidence of coercion, the victims being adults, the completion of certain investigative steps, and the imposition of conditions to ensure Rajan’s cooperation and prevent potential interference with the legal process.