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Bombay High CourtBA/672/2015bail granted

Sanjay Badri Thakur And ANR. v. The State Of Maharashtra

2015-05-05Hon'Ble Justice Revati Mohite Dere5 pages

Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.672 OF 2015 1.

Sanjay Badri Thakur .Applicants 2.

Pinki alias Naseema Sikandar Shaikh V/s.

The State of Maharashtra .Respondent Mr.P.R.Dave, Advocate, for the Applicants Mrs.P.P.Shinde, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

5TH MAY, 2015 P.C.

.

Heard the learned counsel for the applicants and the learned APP for the respondent - State.

2.

By this application, the applicants seek their enlargement on bail in connection with C.R.No.46 of 2015 registered with the Bhoiwada Police Station, Mumbai, for the

alleged offences punishable under Sections 370(3) r/w.34 of the Indian Penal Code and under Sections 3, 4, 5 & 7(1)(b) of the Prevention of Immoral Trafficking Act.

3.

On receipt of secret information, that prostitution activities were going on in a beauty parlour, the officers of the Social Service Branch, conducted a raid on the said parlour on 03.02.2015. With the help of a panch and a decoy customer, the raid was conducted on the said 'Kashish Beauty Parlour' which was situated at Dadar, Mumbai. In the raid, three women were rescued. Both the applicants are stated to be employees of the Kashish Beauty Parlour; the applicant No.1 was a labourer and the applicant No.2, the manager.

4.

The learned counsel for the applicants submitted that the said premises was taken on Leave & License Agreement from the owner by

one Anant Raj, who is presently absconding. He further submitted that a perusal of the statement of the victim-girls, who are aged more than 30 years reveals that they were working in the said Beauty Parlour for one and half year. He further submitted that the applicants have no antecedents.

5.

The learned APP on the instructions of the officer, who is present in Court states that the present applicants have no antecedents.

6.

Perused the charge-sheet. Three victims were rescued in the said raid. All the three victims are more than 30 years of age. A perusal of the statements of the victims reveals, that they were working in the said Beauty Parlour for one and half year and that they were doing the said business for more money as they were from poor families.

7.

Investigation in the said case is complete and charge-sheet is filed. The applicants have no antecedents. Considering all the aforesaid material, the applicants are enlarged on bail on the following conditions :- (i) The applicants be enlarged on bail on their furnishing P.R.Bond in the sum of Rs.15,000/- each with one or two solvent sureties in the like amount;

(ii) The applicants shall inform their latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the investigating officer of the Bhoiwada Police Station, Mumbai;

(iii) The Applicants shall not tamper or attempt to influence the complainant or any persons concerned with the case;

(iv) The applicants to co-operate with the conduct of the trial;

(v) Upon failure to abide by any of the aforesaid conditions, the prosecution is at liberty to seek cancellation of applicants' bail;

8.

The aforesaid observations are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.

9.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)