Vijay Ramsevak Chaurasia v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1630 OF 2017 Vijay Ramsevak Chaurasia .Applicant Vs.

The State of Maharashtra .Respondent Mr.A.P.Mundargi, Senior Counsel with Mr.A.Inamdar, Mr.A.Chauhan, Mr.P.Sankpal i/b. Ms R. Thorat, for the Applicant Ms Veera Shinde, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

08.09.2017 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicant seeks his enlargement on bail in connection with C.R.No.327 of 2016 registered with the S.S.Branch, C.B., C.I.D. (initially C.R.No.00 of 2016 with the Dahisar Police Station) for the alleged offences punishable under Sections 370(3), 201 r/w 34 of the Indian Penal Code and under Sections 4 & 5 of the Immoral Traffic (Prevention) Act.

3.

Learned counsel for the Applicant submits that there is no

material to connect the Applicant with the alleged offences. He submits that the only allegation as against the Applicant is that he opened the Bank account in the name of Vinod, which too is not borne out by the statement of the Bank officer, Shri Akash Ojha. He submits that there is no material to show that money deposited in the said account belongs to the victim girls or the co-accused. The Applicant is in custody since 23.01.2017. He submits that investigation is complete and charge-sheet is filed.

4.

Perused the papers. A complaint was lodged on 19.08.2016 by Police Constable - Nitin Shinde, with the Dahisar Police Station alleging the aforesaid offences as against the Applicant. Admittedly, the Applicant has not been named in the FIR. Neither, have the victim/rescued girls named the Applicant in their statements. The statement of Vinod Kumar Sodhiya is contrary to the statement of Akash Ojha, officer of the ICICI Bank. Learned APP is unable to point out the link between the prostitution money received by the victim girls/ co-accused and the Bank account, standing in the name of Vinod Sodhiya. Investigation is complete and charge-sheet is filed. Accordingly, the Application is allowed and the Applicant is enlarged on bail on the following terms & conditions:-

O R D E R

(i) The Applicant be released on cash bail in the sum of Rs.30,000/- for a period of four weeks;

(ii) The Applicant shall within the said period of his release on cash bail, furnish P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

5.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

Parties to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)