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Bombay High CourtBA/2475/2019bail granted

Yogiraj Devakinandan Thakur v. The State Of Maharashtra

2020-01-23Hon'Ble Shri Justice Prakash D. Naik3 pages

1 of 3 922.BA.2475.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2475 OF 2019 Yogiraj Devakinandan Thakur, Age 21 years, Occ.Hotel Manager, R/o.Near Sanjay Park, Madina Masjid, Viman Nagar, District Pune (presently lodged in jail).

Applicant versus The State of Maharashtra Respondent Mr.Prashant B. Pawar with Niranjan Pachupate for applicant. Smt.Veera Shinde, APP, for State.

Mr.Ganesh Arun Parde, Police Naik, Vimantal Police Station, Pune, present.

CORAM : PRAKASH D. NAIK, J.

DATE : 23rd January 2020 PC :

1.

This is an application for bail in CR No.60 of 2019 registered with Vimantal Police Station, Pune for offences under Section 3,4,5 of Prevention of Immoal Trafficking Act, 1956 and under Sections 370, 370(A) of Indian Penal Code. The applicant was arrested on 21st January 2019.

2.

The prosecution case is that on 21st January 2019 the police called first informant and informed that opinion is received that agent Rohan who is indulging in prostitution activities, is supplying girls for prostitution in hotels at Pune. It was also alleged that Rohan was in contact with customers and providing information about women and hotels etc. He had kept foreign as well as Indian girls for prostitution. It is further alleged that police arranged raid. Panchas

2 of 3 922.BA.2475.2019.doc were called. They raided the premises. It was noticed that prostitution activities were carried out at the place of incident. The applicant was manager of the hotel where the illicit trafficking was going on. On completing investigation charge sheet is filed. It is submitted that Sections 370 and 370A of IPC do not attract in this case. The victims were married. There is no evidence that they were exploited. The applicant is in custody from the date of arrest. There are no antecedents against him.

3.

Learned APP submitted that the applicant and the co-accused were indulging into prostitution activities in connivance with each other. There are calls between applicant and co-accused. There is evidence to show involvement of applicant in crime. The offence is of serious nature.

4.

I have perused the FIR and other documents. The investigation is complete and charge sheet is filed. The applicant is in custody from the date of arrest. The girls were major. The applicant was manager at the hotel. He is in custody from the date of arrest. The trial may not be concluded soon and bail can be granted to the applicant.

5.

Hence, I pass following order :

ORDER

(i) Criminal Bail Application No.2475 of 2019 is allowed and disposed of;

(ii) The applicant is directed to be released on bail in connection with CR No.60 of 2019 registered with Vimantal Police Station, Pune,

3 of 3 922.BA.2475.2019.doc on furnishing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant shall report Vimantal Police Station, Pune, once in a month on every first Saturday between 11 am and 1 pm; (iv) The applicant shall attend Trial Court proceedings regularly, unless exempted by the Trial Court for some reason; (v) The applicant shall not tamper with evidence. (PRAKASH D. NAIK, J.) MST