Irfana Dildar Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2026 OF 2019 Smt. Irfana Dildar Shaikh ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Mukesh J. Pabari, Advocate for the Applicant. Mr. S.V. Gavand, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 30 th AUGUST 2019 P.C. :

Heard learned counsel for the parties.

By this application, the applicant seeks his enlargement on bail in connection with C.R. No. I - 204 of 2019 registered with the Nallasopara Police Station, Palghar for the alleged offences punishable under Sections 370 (3) of the Indian Penal Code and Sections 4 and 5 of the Immoral Traffic (Prevention) Act 1956.

Perused the papers. According to the prosecution, raid was conducted on 18.06.2019, on the basis of a secret information received, that the present applicant would be coming with three girls, to McDonald's. In 1/3

the trap that was laid, the applicant was arrested and three girls aged about 23, 25 and 27 were rescued. The statements of the girls have also been recorded under Section 164 of the Criminal Procedure Code. Prima facie, none of the statements of the rescued girls can be said to be incriminating. The applicant has no antecedents. The applicant is in custody since June 2019. Investigation is complete and charge-sheet is filed. Considering the aforesaid, the application is allowed on the following terms and conditions :

ORDER

(i) The applicant be released on cash bail in the sum of Rs. 10,000/-, for a period of six weeks;

(ii) The applicant shall within the said period of six weeks, furnish P.R. Bond in the sum of Rs. 10,000/- with one or two sureties in the like amount;

(iii) The applicant to cooperate with the conduct of the trial and attend all the dates before the trial Court, unless exempted; The application is accordingly disposed of.

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It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.) 3/3