Mumbai, May 2, 2024 – In a ruling that considered the progress of the investigation, the Special Court for Protection of Children from Sexual Offences Act (POCSO) granted bail to Shital Gorakhnath Nale in connection with a case registered at Bandra Police Station (C.R. No. 469 of 2024). The court imposed several conditions to ensure the accused’s cooperation and prevent any interference with the investigation or witnesses.

Background of the Case:

Shital Gorakhnath Nale, a 30-year-old service professional residing in Kamothe, Navi Mumbai, was arrested in connection with a raid conducted at a SPA villa in Bandra West on March 26, 2024. The case was registered under Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, Section 370(3) read with Section 34 of the Indian Penal Code (IPC), and Sections 8 and 12 of the POCSO Act. The prosecution alleged that Nale was working as a manager at the SPA and that four victims, including a minor, were rescued from the premises where prostitution was being conducted.

Arguments Presented:

Advocate Nadar, representing Nale, argued that his client was falsely implicated and that she had two minor children to care for. He stated that Nale had no prior convictions and no pending cases. He claimed that Nale was not the manager of any prostitution business and that the women at the SPA were not prostitutes. He argued that the minor victim had come for a job interview and that Nale had not seen her before the raid. He assured the court that Nale was ready to cooperate with the investigation and would not approach the victim or witnesses.

Special Public Prosecutor (SPP) Jyoti Sawant, representing the State, opposed the bail application. She argued that Nale’s release would lead to her absconding or starting a new prostitution business. She stated that the investigation was still in progress.

Court’s Reasoning and Decision:

Judge Kalpana K. Patil, after reviewing the FIR and investigation papers, noted that the medical examination of the victims was completed, the SPA villa was sealed, and relevant items were seized. She observed that the spot panchnama was prepared, and inquiries with the victims were made, indicating that the major part of the investigation was complete.

“Hence, it is clear that major part of the investigation is completed,” Judge Patil stated in her order.

The court also noted that the police had not provided any record of Nale’s criminal antecedents and that she had a fixed place of residence, reducing the chances of her absconding.

“Considering the progress of the investigation and other facts discussed above, I come to the conclusion that it is not necessary to keep the accused in jail till conclusion of the investigation and further trial,” Judge Patil stated.

Consequently, the court granted bail to Shital Gorakhnath Nale, ordering her release upon furnishing a Personal Recognizance (PR) bond of Rs. 30,000 with one or two sureties of the same amount.

The court imposed several conditions, including that Nale must not tamper with witnesses, must not contact the victim, must not leave India without permission, must provide her address and identification documents, must inform the court of any change in address, and must provide details of her blood relatives.

Implications and Significance:

This ruling highlights the court’s consideration of the progress of the investigation in bail matters, particularly in cases involving POCSO and immoral trafficking. The decision underscores that when the major part of the investigation is complete, and there is no significant risk of the accused absconding or tampering with evidence, bail can be granted with appropriate conditions.

The imposition of specific conditions reflects the court’s effort to balance the rights of the accused with the need to protect the victim and ensure the integrity of the investigation.

The order was dictated, transcribed, and signed on May 2, 2024, and uploaded on the same day at 4:40 p.m.