Vishal Shivaji Hire v. State Of Maharashtra And ANR

2023:BHC-AS:25314

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1698 OF 2023 VISHAL SHIVAJI HIRE ..APPLICANT VS.

THE STATE OF MAHARASHTRA & ANR.

..RESPONDENTS ------------ Mr. S.T. Pandey a/w Mr. Arvind Singh, Ms. Angela Singha, Ms. Anima Mishra, Ms. Kajal Upadhaya, Ms. Ritu Singh, Mr. Anuj Singh for the applicant.

Mr. S.H. Yadav, APP for the State.

PSI Ranjana Nagnath Shirgire, Arnala Police Station. ------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 1, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 370(1), 370(3) of the Indian Penal Code, 1860, and Sections 3, 4, 5 and 6 of the The Immoral Traffic (Prevention) Act, 1956, registered on 08/12/2022 vide C.R. No.385 of 2022 with Arnala Police Station.

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3.

The applicant is the accused No.1. The applicant was arrested on 08/12/2022. There are in all 3 accused. The accused No.2 is the owner of the premises. The premise where the offence alleged has taken place is being managed by the accused No.3. The applicant is the caretaker of the premises and he has taken token from the decoy customers and called victims on the spot for prostitution purposes. During the raid, the applicant was found at the cottage and arrested on 08/12/2022.

4.

Learned APP opposed the application.

5.

I have gone through the statement of the victims at page Nos. 15 and 85 of the paperbook. From the statement of the victims, prima facie, it does not appear that the applicant has pressurized the victims or used any force against them indulging in the activities constituting offence under the aforesaid provisions. There are no criminal antecedents. The applicant is in custody for a period of more than 8 months. The applicant will face consequences of trial if he is found guilty of the aforesaid offences. The investigation is complete and the chargesheet has been 2/4

filed. The applicant does not appear to be a flight risk. Accused Nos. 2 and 3 have been enlarged on bail. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Vishal Shivaji Hire in connection with C.R. No. 385 of 2022 registered with Arnala Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount. (c) The applicant shall attend the Investigating Officer of Arnala police station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential 3/4

address to the Investigating Officer and shall keep him updated, in case there is any change. (f) The applicant shall not leave the Thane District without prior permission of the trial Court.

6.

The application is disposed of.

(M. S. KARNIK, J.) 4/4