Ashish Kumar Rajak v. The State Of Maharashtra
by SATISH RAMCHANDRA SANGAR Date:
2023.07.10 10:56:10 +0530 SATISH RAMCHANDRA SANGAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 990 OF 2023 Ashish Kumar Rajak ...Applicant vs.
The State of Maharashtra
...Respondent
***** Mr.Vikram V. Tarepatil - Advocate for Applicant. Mr.H.J.Dedhia - APP for Respondent-State.
Mr.Javed Mulla-Kashimira Police Station-Mira Bhayander Vasai Virar.
***** CORAM :
S. M. MODAK, J.
DATED :
28TH JUNE 2023 P. C. :
1.
Heard learned Advocate for the Applicant and learned APP. Investigating Officer is present.
2.
The offence is registered at Kashimira Police Station on 9th February, 2023 under Sections 370 read with 34 of Indian Penal Code, 1860 ["IPC"] and under Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 ["PITA Act"]. On the information received, Anti-Trafficking Cell of Mira Bhayander Vasai Virar Police Commissionerate has raided the premises. A fake customer has called on one cell number Sanjay Yadav who is one of the Accused. 1/3
That fake customer thereafter made a demand for girls. According to the Respondent, Sanjay Yadav sent some of the photographs and made payment of Rs.6,000/-. Thereafter, they have visited the new G.C.C. Club Building, Kashimira at about 15.30 hours on 8th February, 2023. They noticed some conversation was made in between the bogus customer and auto rickshaw driver. One girl was taken in that auto rickshaw. The said auto rickshaw driver is one Praviprasad Yadav. Then they have inquired with that victim girl and auto rickshaw driver. When asked to the said driver Mr.Yadav, he told that the Accused Sanjay Yadav and the present Applicant, they were running website and they were fulfilling the requirements of needy customers.
3.
On that basis, they visited the house of the present Applicant. Somehow, he was successful in running away. His house was searched and certain materials in the form of debit card, mobile handset and other documents were received. On that basis, an FIR came to be lodged. The Applicant claims that they have already searched his house and they have made his wife Smt.Dolly as one of the victims. He expressed desire to cooperate the Police. 4.
Learned APP submitted that there are statements recorded of 2/3
the victims. All are major. They have stated about the financial transactions and how they used to offer their services to needy customers. The middlemen were Sanjay Yadav and the present Applicant. Considering these allegation, I feel that his custodial interrogation is required. Purpose will not be served by giving attendance.
5.
Hence, Application is dismissed.
6.
These are my prima facie observations.
7.
All the parties to act on an authenticated copy of this order. [S. M. MODAK, J.] 3/3