Akash Mahadev Savant v. State Of Maharashtra

2023:BHC-AS:35845

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1630 OF 2023 AKASH MAHADEV SAVANT ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT Mr. Arif Siddiqui a/w Mr. Yasin Nabi, Siraj Ansari, Noman Khan, for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : DECEMBER 01, 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 3, 4, 5 and 6 of Immoral Traffic (Prevention) Act and under section 370-A(2) of the Indian Penal Code registered on 30/08/2022 vide C.R. No. No.434 of 2022 with Vijapur Naka Police Station, Solapur. 3.

The applicant is the accused no.4. The applicant was arrested on 30/08/2022.

4.

My attention is invited to the order dated 22/08/2023 passed by this Court in Bail Application No. 169 of 2023 pertaining to the co-accused Abhijit Gopal Gadage. The main accused is Hirabai Sawant. The applicant is the 1/3

grandson of Hirabai. For convenience, the order dated 22/08/2023 is reproduced which will equally apply to the present case. The same reads thus:

"The applicant is the grandson of one of the co-accused Hirabai Sawant. The first informant viz. Police Naik-Seema Shridhar Khogre along with other police personnel received some information regarding an illegal prostitution racket being carried out behind Mohite Nagar, Solapur. A raid was conducted on the said premises at 1.35 p.m. on 30.08.2022. Two victims were rescued. The statements of the victims at page 42 and 43 of the paper book would reveal that there was no force exerted on them to indulge in this activity. The allegations are mainly against the grandmother of the applicant, that is co-accused Hirabai. There is no allegation that it is the applicant who had contacted the victims and procured their presence at the place where they were found at the time of raid.

The main accused-Hirabai was instrumental in procuring the presence of the victims and was present at the time of raid. The applicant is in custody from 30.08.2022 for almost a period of more than 11 months. The trial is not likely to commence any time soon. There are no criminal antecedents reported against the applicant. The chargesheet has been filed. The investigation is complete. The applicant does not appear to be a flight risk. The applicant is therefore enlarged on bail."

5.

Abhijit Gopal Gadage who has been enlarged on bail is also the grandson of Hirabai and his role is similar to that of the present applicant. Hence, the following order :-

O R D E R

(i) The application is allowed.

(ii) The applicant - Akash Mahadev Savant in connection with C.R. No.434 of 2022 registered with Vijapur Naka Police Station, Solapur shall be released 2/3

on bail on furnishing P.R. bond in the sum of Rs.15,000/- with one or more sureties in the like amount.

(iii) The applicant is permitted to furnish cash bail surety in the sum of Rs. 15,000/- for a period of 6 weeks in lieu of surety.

(iv) The applicant shall report to the Vijapur Naka Police Station, Solapur on the first and third Monday of every month between 11.00 a.m. and 1.00 p.m.

(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant should not tamper with evidence. (vi) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer of the concerned Police Station and shall keep him updated, if there is any change.

6.

The application is disposed of.

(M. S. KARNIK, J.) 3/3