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Bombay High CourtABA/400/2017others disposed off

Virendra Jayaram Yadav v. The State Of Maharashtra

2017-06-13Hon'Ble Shri Justice Prakash D. Naik2 pages

1 of 2 17.ABA.400.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.400 OF 2017 Virendra Jayaram Yadav Applicant versus The State of Maharashtra Respondent Mr.P.R.Dave for Applicant.

Mr.Arfan Sait, APP, for State.

CORAM : PRAKASH D. NAIK, JJ.

DATE :

13th June 2017 PC :

1.

The Applicant is apprehending arrest in CR No.12 of 2017 registered with Powai Police Station, Mumbai under Section 370(3) of Indian Penal Code and Sections 4 and 5 of Prevention of Immoral Traffic Act, 1956.

2.

By order dated 29th March 2017, the Applicant was directed to attend the investigating officer and to co-operate in the process of investigation. The Applicant was granted interim protection. 3.

Learned advocate for the Applicant submitted that he had complied with said direction. Learned APP states, on instructions, that he does not dispute the said fact.

4.

Acting on advertisement on internet website `Mumbai Escort', the Police had rescued two women near lake site hotel at Powai. According to prosecution, the women were in prostitution at the instance of one Virendran.

2 of 2 17.ABA.400.2017 5.

The Applicant has complied the condition stipulated in order dated 29th March 2017. It is the case of Applicant that he is not concerned with the alleged offence. The women found during the raid were major. It is submitted that the women were doing prostitution on their own.

6.

While granting interim protection, this Court has observed that till date the police are not able to verify whether the Applicant is the same person and which can be done by confronting the victims with the Applicant. Hence, the Applicant was directed to attend te investigating officer and to join the process of investigation. The Applicant has attended the police station and has joined the process of investigation. Nothing is put forth to establish any further incriminating evidence against the applicant. In view of attendance and participation in process of investigation, the application can be allowed. Hence, I pass following order :

ORDER

(i) The Anticipatory Bail Application is allowed; (ii) Interim order dated 29th March 2017 is confirmed; (iii) The Applicant is directed to report to Powai Police Station as and when called for by the investigating officer; (iv) The application is disposed of.

(PRAKASH D. NAIK, J.) MST