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Bombay High CourtABA/1473/2015anticipatory bail granted

Rohit Laxman Shetty v. The State Of Maharashtra

2016-02-18Hon'Ble Shri Justice A.S. Gadkari2 pages

1 /2 11-ABA-1473-2015-ii.doc Ladda FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1473 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr Ashish Shukla a/with Rushita Jain i/by Law Global Advocates for the applicant.

Smt. P.P.Shinde, APP for the State.

P.S.I. M.S.Gaikwad, Kashimira P.S.

CORAM : A.S.GADKARI, J.

DATE :

18th February, 2016 P.C.

1) By an order dated 23.10.2015 the applicant was granted interim relief. The learned Counsel for the applicant submitted that the role attributed to the present applicant in the present crime is that he acted as an agent of the victim girl or in other words under his directions the victim girl Ms Payal attended the hotel Metro Palace, where the police conducted raid. He also submitted that other two accused persons, namely the Manager and the Proprietor of the Hotel Blue Night (City Light) have been released on bail by this Court. He submitted that the victim girl on her own volition was indulging in the said vocation and the applicant has no role to play as alleged by the prosecution. He, therefore, prayed that the present application may be allowed and the applicant may be protected by way of pre-arrest bail.

2) The learned APP has produced the papers of

2 /2 11-ABA-1473-2015-ii.doc investigation for my perusal. In the statement dated 29.9.2015 of the victim girl Ms Payal who was about 27 years of age at that relevant time, it is nowhere mentioned that she was either lured or forced by the present applicant to go to the Metro Palace Hotel which was across the road of Hotel Blue Night (City Light). It appears from the said statement that the said victim girl was indulging into the said vocation at her own will. In view of the same, the applicant has made out a case for his release on pre-arrest bail. 3) Hence, the following order :

ORDER:- (a) In the event of arrest of the applicant, he shall be released on bail in CR No. I-490/2015 registered with Kashimira Police Station, District Thane (Rural) on his furnishing a P.R. bond of Rs. 15,000/- with one or two local sureties in the like amount;

(b) The applicant shall not tamper with the evidence and/or influence the witnesses;

The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)