Vijay Raghu Yadav v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2056 OF 2022 Vijay Raghu Yadav ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.M.S. Mandavkar for the applicant.

Mr.S.V.Gavand, APP for the State.

PI Mahesh Togarwad present.

CORAM: BHARATI DANGRE, J.

DATED : 12th SEPTEMBER, 2022 P.C:- The applicant is apprehending his arrest in connection with C.R.No.147/2020 which invoke Sections 370(3), 372 r/w Section 34 IPC and Section 4, 5, 6 of Prevention of Immoral Traffic Act, 1954 and Sections 4, 8, and 17 of the POCSO Act, 2012.

The case of the prosecution is to the effect that secret information was received about prostitution activities being carried out and a trap was accordingly laid on 20/10/2020 at one hotel situated in Kandivali. During the course of raid, some girls were rescued, one of them happened to be a minor girl. On completion of investigation, and after recording the statement of

2/3 11 ABA 2056-22.doc four victim girls, the charge-sheet came to be filed. The applicant was shown to be 'Absconding'.

With the assistance of the learned counsel for the applicant and the learned APP, when the charge-sheet is perused, the alleged involvement of the present applicant surface on record, through the victim girls, who had stated that the present applicant had instigated them to indulge into prostitution. Perusal of the statement of the victims would reveal that they were into the business and were earning an amount which was shared by them with the present applicant and other accused persons.

As far as the minor girl is concerned who is aged 17, she do not however implicate the present applicant. Considering that the investigation in the subject C.R. is complete, and the entire material is compiled in the chargesheet, the applicant face an accusation that he instigated the victim girls to indulge into prostitution. This definitely would not warrant custodial interrogation and the applicant deserve his release on bail. Hence, the following order :-

O R D E R

(a) In the event of his arrest, the Applicant - Vijay Raghu Yadav in connection of C.R.No.147/2020 registered with D.C.B. CID, Unit-VIII, shall be released on bail on furnishing P.R. bond to the

3/3 11 ABA 2056-22.doc extent of Rs.25,000/- with one or two sureties of the like amount.

(b) 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 and should not tamper with evidence.

(c) The Applicant shall report to the concerned police station on 19th and 20th September 2022 and thereafter as and when called for.

The Application is allowed in the aforestated terms. ( SMT. BHARATI DANGRE, J.)