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Bombay High CourtABA/1295/2018anticipatory bail rejected

Dipak@Dipendra Kumar S/O Guvindi Prasad v. The State Of Maharashtra

2018-12-18Hon'Ble Shri Justice A.S. Gadkari3 pages

ssm 1 20-aba1295.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1295 OF 2018 Dipak @ Dipendra Kumar S/o. Guvindi Prasad ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Mr. Nitesh Mohite for the Applicant.

Mr. S.S. Hulke APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 18th DECEMBER, 2018.

P.C.:- The Applicant is apprehending arrest in CR No. 149 of 2018 dated 12th May, 2018, registered with Vimaltal Police Station, District Pune City under Sections 370, 370A of the Indian Penal Code and under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act. Heard the learned counsel appearing for the Applicant and the learned APP. Perused the record of investigation. It is the prosecution case that, the Senior Inspector of Police, Social Service Branch, Pune City, received confidential information that, the Applicant is acting as an agent and arranges/provides women for the vocation of prostitution. The 1/3

ssm 2 20-aba1295.18.doc Applicant, with the aid of his mobile phone operates the said vocation. Accordingly, a decoy customer was arranged, who in turn, contacted the Applicant on his mobile phone. The Applicant subsequently provided him a woman for indulging into the said vocation. A trap was subsequently laid at Torna Lodging situated at Lohagaon, Pune. After conducting raid, the police found the marked denomination of currency notes in the possession of the said victim lady. During the course of inquiry with the victim ladies, they informed that due to poverty, they are indulging into the said vocation and the Applicant is acting as their agent in that behalf.

The record of investigation clearly indicates that, there is sufficient material collected by the Investigating Agency to show that, the Applicant is the perpetrator of the present crime and earns his livelihood by inducing the needy victim ladies to indulge into the vocation of the prostitution. The mobile phone used by the Applicant is yet to be seized by the police. The police are to verify as to whether there is any other accomplice to the Applicant who is helping him in the said crime. The allegations made against the Applicant are serious in nature.

In view of the above and after taking into consideration 2/3

ssm 3 20-aba1295.18.doc the serious allegations made against the Applicant and the gravity of the offence, this Court is of the view that, the Applicant does not deserve to be protected by pre-arrest bail.

Application is accordingly rejected.

(A.S. GADKARI, J.) 3/3