← Library
Bombay High CourtABA/106/2021allowed

Mohammad Ismail Khwaja Mansuri v. The State Of Maharashtra

2021-02-10Hon'Ble Shri Justice Prakash D. Naik2 pages

Ganesh Lokhande 39-aba-106-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.106 OF 2021 Mohammad Ismail Khwaja Mansuri ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Abdul Kalam Shaikh, Advocate for the Applicant. Mrs. M.R. Tidke, APP for the Respondent - State. PSI-Shaikh, D. N. Nagar Police Station.

.....

CORAM : PRAKASH D. NAIK, J.

DATE : 10th FEBRUARY, 2021.

PC :

1.

This is an application for anticipatory bail in connection with C.R. No.631 of 2019, registered with D. N. Nagar Police Station, Digitally signed by RajeP. Aher Date:

2021.02.12 13:13:43 +0530 Mumbai for offences punishable under Section 370(3) of Indian RajeP.

Aher Penal Code, 1860 ("IPC" for short) and Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 ("PITA Act" for short). 2.

The counsel for the applicant submitted that applicant was not found present at the time of raid at the place of incident. The co-accused who was allegedly indulging in the prostitution activities has been arrested and granted bail. The victims are major aged about 24 and 27 years. It is further stated that in the statement of the victim recorded under Section 164 of Cr.PC the victim has

Ganesh Lokhande 39-aba-106-2021.doc completely exonerated the applicant and denied his involvement. 3.

It is apparent that the statements of the victim recorded under Section 164 of Cr.PC., exonerated the applicant. 4.

Learned APP on instructions submitted that in pursuant to interim Order dated 19th June, 2020 the applicant was arrested and he has been released on bail. It is apparent that the investigating agency do not need custody of applicant. Hence, application is disposed of.

(PRAKASH D. NAIK, J.)