Yogesh Vishwas Kalyankar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.611 OF 2020 Shivpratap Laxman Patil ... Applicant Vs The State of Maharashtra ... Respondents WITH BAIL APPLICATION NO.612 OF 2020 Yogesh Vishwas Kalyankar ...Applicant Vs.
The State of Maharashtra ..Respondent ...
Mr. Satyavrat Joshi i/by Mr. Sunil Shivaji Kamble for the Applicants.
Mr. S.S.Pednekar, APP for the Respondent-State. CORAM : SANDEEP K. SHINDE J.
DATE : 19 th MARCH, 2020 P.C. :
Applicants in the above applications are seeking their enlargement on bail in connection with Crime No.183 of 2019 registered with Bhudargad Police Station for the ofences punishable under Sections Shivgan 1/4
3,4,5,6 of the Immoral Trafc Prevention Act and Section 370 read with Section 34 of the Indian Penal Code, 1860.
Applicant in Bail Application No.612 of 2020 was arrested on 9th December, 2019; whereas applicant in Bail Application No.611 of 2020 was arrested on 3rd February, 2020 after rejection of his application for prearrest bail by this Court. Applicant in Bail Application No.612 of 2020 was working as Manager in Hotel Atharvaraj; of which applicant Shivpratap was owner thereof, as on the date of the incident, i.e., 9th December, 2019. Premises of hotel were raided on secret information and four 'victims', all major, were rescued. It is alleged, premises of Atharvaraj Hotel were used as brothel. Investigation in this case is over and fnal report has been fled. I have perused the fnal report and particularly, statements of victims. Prima-facie, the statements of the victims suggest, they had indulged Shivgan 2/4
into the prostitution, at their own will.
The learned APP on instructions, submits that there are no criminal antecedents against the applicants herein and no ofences were registered against the establishment of Shivpratap for allowing his premises to be used as brothel.
In view of the facts of the case and additionally, that the trial in this case may not commence or conclude in near future, applications are allowed. Hence, the following order
ORDER
(i) The applicants be enlarged on bail in Crime No.183 of 2019 registered with Bhudargad police station, on executing PR Bond in the sum of Rs. 25,000/- each with one or two sureties in the like amount;
(ii) The applicants shall attend the concerned Police Station on the second Monday of every month between 11:00 a.m. to 1:00 noon commencing from April, 2020 till framing of charge;
(iii) The applicants shall inform their latest place of residence and contact number immediately after being released and/or change of residence or details, if any, from time to time to the Investigating Ofcer of the concerned Police Station;
Shivgan 3/4
(iv) The applicants shall not tamper with the evidence or attempt to infuence or contact the complainant, witnesses or any person concerned with the case;
The applications are accordingly disposed of. It is made clear that observations made hereinabove be construed as expression of opinion only for the purpose of granting bail and the same shall not in any way infuence the trial in other proceedings.
(SANDEEP K. SHINDE, J.) Shivgan 4/4