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Bombay High CourtBA/972/2016bail granted

Kavita Sushilkumar Singh v. The State Of Maharashtra

2016-06-22Hon'Ble Shri Justice P.N. Deshmukh2 pages

Gaikwad RD 1/2 (7)BA9722016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.972 OF 2016 Smt.Kavita Sushilkumar Singh .. Applicant

Versus

The State of Maharashtra .. Respondent --- Mr.N.J.Patil i/b. Mr.Manohar V.Shetty, Advocate for the applicant. Ms.S.S.Kaushik, APP for the Respondent State. Mr.Kamble, PI, Kashimira Police Station, Thane Rural, is present is person.

--- CORAM : P.N. DESHMUKH, J.

DATED : 22nd JUNE 2016 --- P.C. :

Heard learned counsel for the applicant. Perused the charge sheet. This is an application for bail by applicant Kavita Singh in Crime No.578 of 2015 registered by Kashimira Police Station for the offence punishable under Sections 370 r/w. Section 34 of the Indian Penal Code and Sections 4,5, and 7 of the Prevention of Immoral Traffic Act.

2.

The learned counsel for the applicant at the outset submitted that application is liable to be allowed on the ground of parity as accused No.2-Priyanka is already released on bail by this Court. The role attributed to the applicant and co-accused Priyanka are similar. From the documents, it is found that no

Gaikwad RD 2/2 (7)BA9722016 minor girl was found in a trap which came to be laid at the premises. Similarly, there is no statement of any of the victim girls that they were forced to indulge into activities contravening provisions of PITA Act.

This Court while granting bail to co-accused had noted that applicant was not committing any such illegal activities under the PITA Act, much less under Section 370 of the IPC. Admittedly, having considering the fact that the case of applicant is on the same footing that of co-accused, and has no minor girl was found in a trap, application is allowed as per order below. (i) Applicant Kavita Sushilkumar Singh shall be released on bail on her executing personal bond in the sum of Rs.20,000/- with one surety in like amount.

(ii) While on bail, the applicant shall not tamper with the evidence, nor shall indulge into any criminal activity. (iii) The applicant shall attend the trial Court on the fixed date and supply her permanent address to the Investigating Officer.

(P.N. DESHMUKH, J)