Mumbai, Maharashtra – April 22, 2022 – Pritam Raj Arunachalam Thang Raj, the owner of “Ayour Thai Spa,” has been granted bail in connection with a human trafficking case registered at Santacruz Police Station (Crime No. 246/2022). The Additional Sessions Judge, Sonali P. Agarwal, of the Sessions Court for Greater Mumbai, approved Thang Raj’s bail application (Criminal Bail Application No. 812 of 2022) citing a lack of direct evidence linking him to the alleged prostitution activities.

Background of the Case:

Thang Raj was arrested and charged under Section 370-A(2) read with 34 of the Indian Penal Code (IPC), along with Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (PITA). The prosecution alleged that a raid on Ayour Thai Spa revealed that the Spa Manager, Jivanand Tag Raj (Thang Raj’s brother), and three victims were involved in prostitution. The prosecution further alleged that Thang Raj, who rented the spa premises, was receiving a share of the proceeds.

Defense Arguments:

Mr. S.S. Dubey, representing Thang Raj, argued that his client was falsely implicated. He stated that Thang Raj had been residing in Delhi for several years and was not present at the spa during the raid. He emphasized that Thang Raj operates a legitimate spa business, supported by a Gumasta License and GST registration, with CCTV surveillance. He also presented affidavits from the victims stating they were working willingly and were certified spa therapists. He argued that no objectionable articles were seized from the premises and that there was no evidence of threats or coercion by Thang Raj.

Prosecution’s Counter-Arguments:

Mrs. Meera Choudhary-Bhosale, the Additional Public Prosecutor (APP), opposed the bail application, arguing that Thang Raj was running a brothel under the guise of a spa. She expressed concerns about a potential larger sex racket involving victims from other states and requested further investigation.

Court’s Observations and Decision:

Judge Agarwal noted that Thang Raj was not present at the spa during the raid and that the seized money was recovered from the Spa Manager, his brother. The court also observed that there were no allegations that the proceeds from prostitution were directly received by Thang Raj.

The court acknowledged the victim’s affidavits stating they were working willingly and had not been forced by Thang Raj. While the prosecution expressed a desire to investigate how the victims were brought to Mumbai, the court noted that the victims were already in custody and could be questioned.

“Considering all such circumstances because Spa Manager is real brother of applicant accused, a jumping conclusion cannot be drawn that applicant-accused has taken or taking money from the prostitution of girls. Furthermore, accused has produced affidavit of victim girls which states that they are doing the job as per their free wish and accused has not forced them for anything,” Judge Agarwal stated in her order.

The court concluded that there was no purpose in keeping Thang Raj in custody, but directed him to cooperate with the investigation by attending the police station.

Bail Conditions:

The court granted bail to Thang Raj, subject to the following conditions:

• He must furnish a Personal Bond (PB) and Surety Bond (SB) of Rs. 15,000 with one or more sureties of the same amount.
• He must not threaten or cause injury to the informant.
• He must not tamper with prosecution evidence.
• He must cooperate with the police investigation.
• He must attend the Santacruz Police Station every Monday between 9:00 AM and 11:00 AM until the filing of the final report.
• He must not directly or indirectly influence any person acquainted with the case.
• He must provide his mobile number, phone number, and all addresses to the Investigating Officer and inform them of any changes.

Significance of the Ruling:

This ruling highlights the court’s emphasis on direct evidence linking the accused to the alleged criminal activity. The court’s decision underscores that mere suspicion or familial relationships are not sufficient grounds for denying bail.

Key Factors in the Bail Grant:

• Thang Raj’s absence during the raid.
• Lack of evidence showing direct receipt of proceeds from prostitution.
• Affidavits from victims stating they were working willingly.
• Thang Raj’s cooperation with the investigation.

Future Proceedings:

The investigation in the case will continue, and the prosecution will be required to gather further evidence to prove the charges against Thang Raj and his brother. The court will monitor Thang Raj’s compliance with the bail conditions.