Paul Blessing Ngozi Nigerian Citizen v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1027 OF 2020 Paul Bleesing Ngozi ... Applicant

Versus

The State of Maharashtra ... Respondent .....

Mr. Sandeep Mishra, Advocate for the Applicant. Mrs. M. R. Tidke, APP for the Respondent - State. .....

CORAM

: PRAKASH D. NAIK, J.

DATE : 15th JANUARY, 2021.

PER COURT :

1.

This is an application for bail in C.R. No. I-29 of 2020 registered with Kharghar Police Station, Navi Mumbai for offences punishable under Sections 370 (A) (2), 370(2), 366-B, 344 r/w Section 34 of Indian Penal Code and Section 4 & 5 of Immoral Trafficking (Prevention) Act, 1959.

2.

The case of the prosecution is that, the first informant is Nigerian citizen. She was allegedly brought to India by accused Nos.1 & 3 under the pretext of providing job. The travel of first Digitally signed by RajeP. Aher Date:

2021.01.16 18:17:36 +0530 RajeP.

Aher informant from Nigeria to India was arranged by Nigerian person who was known to accused Nos.1 & 3. Victim was shifted to the house at Kharghar. Accused Nos.1 & 3 threatened her. She was forced

into prostitution for their monetary gain. The premises where the victim was put by accused Nos.1 & 3 belongs to the applicant. The applicant was arrested on 29th January, 2020. On completing investigation, charge-sheet has been filed.

3.

From the statement of the victim/first informant it is apparent that, the role ascribed to the applicant is that, she was put up in the premises belonging to the applicant by accused Nos.1 & 3. The victim has not attributed any overt act to the applicant alleging that, he has forced her into prostitution.

4.

Learned APP submitted that the said premises was utilized for the purpose of prostitution. Applicant is Foreign national. He may abscond. However, there is no material on record to indicate that the applicant was involved in coercing the victim to indulge into prostitution.

5.

In view of the above, case for grant of bail is made out. Hence, I pass following order.

ORDER

(i) Bail Application No.1027 of 2020 is allowed; (ii) The applicant is directed to be released on bail in connection with C.R. No. I-29 of 2020 registered with

Kharghar Police Station, Navi Mumbai on executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(iii) The applicant shall report Kharghar Police Station, Navi Mumbai once in a month on first Saturday of the month between 11:00 a.m. to 1:00 p.m. till further order; (iv) The applicant shall not leave India without prior permission of the trial Court.

(v) Application stands disposed of accordingly.

Secretary/Personal Assistant of this Court. All concerned will act on (PRAKASH D. NAIK, J.)