Harbindra Kour Sukindar Singh @ Rekha v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1625 OF 2017 Harbindra Kour Sukindar Singh @Rekha ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms.Sainyukta Kamat @Ms.Preeti Kashikar i/b Mr.P.R.Dave, for the Applicant.

Mr.S.S.Pednekar, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 29th SEPTEMBER, 2017 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 252 of 2017 registered with the Nagpada Police Station, Mumbai, for the alleged offences punishable under Sections 370(3) r/w 34 of the Indian Penal Code and under Sections 3, 4, 5, 7(1)(B) of the Immoral Traffic (Prevention) Act, 1956.

2/4 3.

Learned Counsel for the applicant submits that the applicant has been falsely implicated in the said case. He submitted that admittedly the applicant was not present at the spot, when the raid was conducted. He submitted that all the victim girls who were rescued are major and were doing the prostitution business voluntarily. He submitted that none of the victim girls have named the applicant. He further submits that the applicant has no antecedents.

4.

Learned APP does not dispute the fact that none of the victim girls have named the applicant and that there are no antecedents, qua the applicant. He, submits that, however, the investigation is in progress. 5.

It appears that admittedly the applicant was not present at the spot, when the raid was conducted. Neither any of the victim girls (major) have named the applicant. The applicant has no antecedents. 6.

Considering the aforesaid, the application is allowed and the applicant is granted pre-arrest bail on the following terms and conditions :-

3/4

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount ;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station as and when called, till the filing of the charge-sheet or for a period of three months from today, whichever is earlier;

(iii) The applicant shall not contact the complainant, witnesses or any person concerned with the case.

(iv) The Applicant shall inform his latest place of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the Investigating Officer of the concerned Police Station, in writing; (v) The Applicant shall co-operate with the Investigating Agency.

4/4 7.

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

8.

It is made clear, that the observations made herein are prima facie and are confined to this application.

9.

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