Firoj Sharafat Ansari v. State Of Maharashtra

2023:BHC-AS:25219

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.243 OF 2023 FIROJ SHARAFAT ANSARI ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Padma Shelatkar a/w. Adv. Darmesh Gogri for the applicant.

Mr. S. H. Yadav, APP for the State.

PSI Vaibhav Pawar, Nalasopara Police Station. ------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 1, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 366-A, 370 (3) read with 34 of the Indian Penal Code (hereafter 'IPC' for short) read with Sections 17 and 18 of the Protection of Children from Sexual Offences Act, 2012 (hereafter "POCSO Act", for short) read with Section 3, 4, 5, 7 of the Immoral TrafÏc (Prevention) Act, 1956 (hereafter 'PITA Act' for short) registered on 5/10/2022 vide C.R. No.441/2022 with Nalasopara Police 1/4

Station.

3.

The decoy customer of the raiding party contacted the accused no.1 who was the Manager of the 'Spa'. It is alleged that the accused are indulging in the act which is an offence punishable under the aforesaid sections. The three victims were found in the Spa when the raid was conducted. One of the victim is a minor.

4.

The application is opposed by learned APP. Learned APP invited my attention to the materials on record which include the whats-app chats between the decoy customer and the accused no.1.

5.

The applicant is accused no.2, who is the owner of the premises. The applicant was not present when the raid took place. It is the case of the prosecution that the applicant is actively involved in the racket.

6.

The statement of the victim under Section 164 of the Code of Criminal Procedure, prima facie, does not reveal the complicity of the applicant. The victims say that they had gone there to avail the services at saloon. One of the victim stated that she is the employee working in the saloon. 2/4

7.

The applicant was arrested on 4/10/2022 and is in custody for more than 10 months with no possibility of the trial concluding any time soon. The investigation is complete. The charge-sheet has been filed. There are no criminal antecedents reported against the applicant. In my opinion, the applicant does not appear to be a flight risk. In the facts and circumstances of the present case, the applicant can be enlarged on bail. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Firoj Sharafat Ansari in connection with C.R. No.441/2022 with Nalasopara Police Station, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount. (c) The applicant shall attend the Investigating OfÏcer of Nalasopara police station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m. (d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police OfÏcer. The 3/4

applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating OfÏcer and shall keep him updated, in case there is any change.

8.

The application is disposed of.

(M. S. KARNIK, J.) 4/4