Mumbai, August 1, 2022 – Mukesh Rameshwar Yadav and Sanjay Hiro Yadav have been granted bail by the Sessions Court in Mumbai in connection with a case involving human trafficking and offenses under the Prevention of Immoral Traffic Act (PITA). They were arrested in connection with Crime No. 247/2022, registered at Nagpada Police Station, for offenses under Section 370 (trafficking of persons) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and Sections 3, 4, 5, and 7(1)(b) of the PITA Act.

The Allegations

According to the prosecution, Police Constable Bhagwan Shankar Jadhav lodged a report stating that the applicants were running a prostitution business from a location in Kamathipura, Mumbai, and that five victims were rescued from the premises.

Applicants’ Defense and Arguments

Ms. Roshini Singh, representing the applicants, argued that they were falsely implicated and had not committed any offense. She emphasized that the rescued victims were all major women (aged 29 to 45) who were engaged in prostitution willingly. She argued that this meant the section of human trafficking could not be levied on the applicants. She also stated that there was no recovery or discovery at their instance, that they were permanent residents, and that they had no criminal antecedents. They expressed their willingness to cooperate with the police and abide by any conditions imposed by the court.

Prosecution’s Objections

Mr. Bhandari, the Additional Public Prosecutor (APP), opposed the bail application, arguing that if released, the applicants would pressurize witnesses and flee from justice, especially since one applicant was from out of state. The prosecution also emphasized the seriousness of the offense.

Court’s Observations and Decision

Additional Sessions Judge Madhuri M. Deshpande considered the submissions and the documents on record. The court noted that the rescued victims were all major women and that they had not alleged that they were compelled into prostitution. The court also observed that the prosecution had not sought further detention of the applicants for investigation.

“The victims have not made allegations against the accused that They have compelled them to do prostitution business. The apprehension of the prosecution is only that, if they are released on bail, they will pressurize the prosecution witnesses, and they will tamper the prosecution evidence and will flee from the Court of justice. The apprehension of the prosecution can be taken care of by imposing certain stringent conditions,” Judge Deshpande stated in the order.

The court concluded that the prosecution’s apprehensions could be addressed by imposing stringent conditions.

Bail Conditions

The applicants were granted bail on a personal bond of Rs. 15,000 each with one local solvent surety of the same amount. The court imposed the following conditions:

• The applicants must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
• They must not tamper with the evidence.
• They must remain present before the court on every date until the completion of the trial.
• They must not leave India without permission from the court.
• They must not commit similar offenses in the future.
• They must furnish their permanent and temporary addresses and contact details to the court.
• They must not change their residential address without prior intimation to the Investigating Officer and the court.
• If they disobey any of the conditions, the prosecution is at liberty to move the court for cancellation of bail.
• Bail before the lower court.

Key Points

• Major Victims: The court noted that the rescued victims were major women who had not alleged compulsion.
• No Further Detention Sought: The prosecution had not sought further detention for investigation.
• Stringent Conditions: The court imposed stringent conditions to address the prosecution’s concerns about witness tampering and flight risk.
• Human Trafficking and Immoral Trafficking: The case involved serious offenses related to human trafficking and immoral trafficking.
• Victim’s Willingness: The defense argued the victims were participating willingly.