Bombay High CourtBA/2484/2018bail granted

Rita Keshavlal Mistry v. The State Of Maharashtra

2019-01-07Hon'Ble Shri Justice Prakash D. Naik3 pages

rpa 1/3 32-ba-2484-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2484 OF 2018 Smt.Rita Keshavlal Mistry .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.Sandeep Mishra, Advocate for the Applicant. Mr.s.R. Agarkar, APP for the Respondent - State. Mr.S.H. Biswas, API, Bhayandar Police Station, present. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 7, 2019.

P.C. :

Applicant is seeking bail in connection with C.R.No.I99 of 2018, registered with Bhayandar Police Station, DistrictThane, for the offence punishable under Section 370(1) of Indian Penal Code ("IPC", for short) and Sections 4 and 5 of the Immoral Traffic (Prevention) Act ("PITA", for short). The case of the prosecution is that information was received by the police about the prostitution activities being conducted at the concerned premises. Two victims were found during the raid. Their statements were recorded on 1st March, 2018.

rpa 2/3 32-ba-2484-18.doc Statement of the said witnesses indicate that they are major women and they have been indulging in the prostitution activities. The victims have referred to the name of the person with whom they were acquainted. However, statement does not indicate that they were forced or exploited by the applicant. The applicant was also charged with Sections 4 and 5 of PITA Act. Punishment provided under Section 4 is maximum two years and punishment provided under Section 5 is minimum three years and maximum seven years. Applicant is in custody from 27th February, 2018. Investigation is completed and charge-sheet is filed. There are no antecedents against the applicant. Hence, case for grant of bail is made out.

Hence, I pass the following order:

:: O R D E R ::

(i) Bail Application No.2484 of 2018, is allowed; (ii) Applicant is directed to be released on bail in connection with C.R.No.I-99 of 2018, registered with Bhayandar Police Station, District-Thane, on his furnishing P.R. Bond in the sum of Rs.20,000/-, with one or more sureties in the like amount;

rpa 3/3 32-ba-2484-18.doc (iii) Applicant shall attend Bhayandar Police Station, District-Thane, once in a month on first Saturday between 11:00 a.m. to 01:00 p.m, till further orders;

(iv) Applicant shall attend the trial Court on the date of hearing regularly, unless exempted by the Court;

(v) Applicant shall not tamper with the evidence; (vi) Bail Application stands disposed of.

(PRAKASH D. NAIK, J.)