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Bombay High CourtABA/414/2015others disposed off

Rekha Ghanshyam Thakkar v. The State Of Maharashtra

2015-03-20Hon'Ble Justice Revati Mohite Dere3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 414 OF 2015 Rekha Ghanshyam Thakkar ...

Applicant V/s.

The State of Maharashtra (Shree Nagar Police Station, Dist: Thane) ...

Respondent Mr. B.J. Sarwade, for the applicant.

Mrs. Rutuja Ambekar, A.P.P. for respondent-state. Mr. S.G. Khairnagar, I.O. For Shree Nagar Police Station. CORAM :

REVATI MOHITE DERE, J.

DATED :

20th MARCH, 2015.

P.C.

1.

Heard.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No.II-6 of 2015, registered with the Shree Nagar Police Station, Dist; Thane, for the alleged offences punishable under Sections 3, 4, 5, 7(1) B and 8(A) of Immoral Traffic (Prevention) Act, 1956.

3.

According to the prosecution, on the basis of secret information, received by the Wagale Estate Police Station, that in a building 'Darshan Bhavan, 2nd Floor, Room No. 22, Kisan Nagar No. 3,

2/3 Thane, one lady i.e. Rekha Thakkar was running a brothel with her associates, a trap was laid. Police Nayak, Satre was sent as a bogus customer. Pursuant, to the signal given by the decoy customer who was sent by the raiding party, the police entered the room and found that there was one person with five ladies in the said room as well as in another room, Police Nayak Satre with one lady. Police Nayak Satre narrated the incident to his Seniors and disclosed to them that he had given Rs. 1,000/- (2 notes of Rs. 500/-) to one Ankit Soni, which were given to him by the raiding party.

4.

On making enquiry with the co-accused-Ankit Soni, it was learnt that the room premises belonged to the applicant. Ankit Soni was arrested and two notes of Rs. 500/-, which were given by the decoy customer, were recovered from him. In the raid, six ladies were arrested. It is alleged that one of the victim girl was minor. 5.

The learned counsel for the applicant submits that at the time of raid the applicant was in Gujarat. He further submitted that all the victim girls were major. He further submitted that the applicant has been falsely implicated in the present case.

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The learned A.P.P. opposed the application. She submitted that the arrested girls were victims, and were compelled into prostitution by the applicant. She submitted that Ankit Soni was arrested and thereafter enlarged on bail and hence there can be no parity. 7.

Perused the papers. Prima facie, considering the nature of allegation, custody of the applicant is necessary. Hence the Anticipatory Bail Application is rejected. If an application for Regular Bail is made, the same shall be decided by the Trial Court, uninfluenced by the observations made herein.

(REVATI MOHITE DERE, J.)