Mumbai, Maharashtra – June 9, 2022 – Shraddha Yogesh Sarang, a receptionist at a spa, has been granted bail in a human trafficking case registered at Worli Police Station (C.R. No. 449/2022). The Additional Sessions Judge, A.B. Sharma, of the Sessions Court for Greater Bombay, approved Sarang’s bail application (Bail Application No. 1185 of 2022) citing her role as a receptionist and her dependency as a mother of two minor children.

Background of the Case:

Sarang was arrested and charged under Sections 370(3) (trafficking of a person) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.

Allegations and Arrest:

According to the FIR, police received secret information about prostitution occurring at Aruza Spa in Worli. After confirming the information with a bogus customer, a raid was conducted. Currency notes given by the bogus customer to a victim were recovered. The victims disclosed that they were forced into prostitution under the guise of massage services and that the spa’s manager and owner retained part of their earnings.

Defense Arguments:

Mr. Keshav D. Shetye, representing Sarang, argued that his client had no involvement in the alleged offense. He stated that Sarang worked as a receptionist and her duties were limited to taking customer details and directing them to the appropriate staff for services like manicures, pedicures, and massages. He argued that Sarang was unaware of any incidents occurring in the massage rooms. He also emphasized that Sarang had two minor children dependent on her and that she had taken the job at the spa after losing her previous job in a pharmaceutical company due to the pandemic lockdown.

Prosecution’s Counter-Arguments:

Mrs. Kalpana Hire, the Additional Public Prosecutor (APP), opposed the bail application, stating that the investigation was ongoing, including the search for co-accused and the recording of victim statements. She argued that Sarang might pressure the victims or abscond if released.

Court’s Observations and Decision:

Judge Sharma noted that all the rescued victims were adults and that Sarang’s role was primarily that of a receptionist. The court also considered Sarang’s claim that the victims were providing massage services willingly and that she had been in custody since May 12, 2022.

“The remand papers annexed with the application, go to show that the victims were kept in safe custody at the rescue foundation, Kandiwali. The applicant/accused is having two minor sons and she was arrested on 12/05/2022 and since then she is behind the bar. The case diary goes to show that the material part of the investigation is already over. Therefore, longer detention of the applicant/accused not seems to be required,” Judge Sharma stated in her order.

The court concluded that granting bail with appropriate conditions would be in the interest of justice.

Bail Conditions:

The court granted bail to Sarang, subject to the following conditions:

• She must execute a Personal Bond (PB) and Surety Bond (SB) of Rs. 25,000 with one or more sureties of the same amount.
• She must provide her mobile/landline number, the mobile/landline numbers of two close relatives/friends, and her family members residing in Mumbai, along with their residential proofs.
• She must provide proof of her identity and residence.
• She must not contact the informant or prosecution witnesses and must not tamper with prosecution evidence.
• She must not enter the local jurisdiction of Worli Police Station until the investigation is complete.
• She must cooperate with the police during the investigation and attend the concerned police station once every 15 days between 10:00 AM and 12:00 PM until the chargesheet is filed.
• She must not leave India without court permission.
• She must not commit any offenses while on bail.
• Her lawyer must inform her of the bail conditions.
• Breach of any condition may lead to bail cancellation.

Significance of the Ruling:

This ruling highlights the court’s consideration of the accused’s role, the progress of the investigation, and the accused’s personal circumstances, such as dependency, when deciding bail applications in human trafficking cases. The court’s decision underscores that in cases where the accused’s role is primarily administrative and the investigation is largely complete, bail can be granted with appropriate conditions to ensure the accused’s presence and prevent witness tampering.

Key Factors in the Bail Grant:

• Sarang’s role as a receptionist.
• Dependency as a mother of two minor children.
• Completion of the material part of the investigation.
• Conditions to ensure Sarang’s presence and prevent witness tampering.

Future Proceedings:

The investigation will continue, and the chargesheet will be filed. The trial will then proceed in the Sessions Court. The prosecution will be required to prove the charges against Sarang and the other accused beyond a reasonable doubt. The court will monitor Sarang’s compliance with the bail conditions.