Rammaruti Shivprasad Dhaturaha v. The State Of Maharashtra

rpa 1/3 916-ba-2701-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2701 OF 2018 Rammaruti Shivprasad Dhaturaha .. Applicant Vs.

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

Mr.Vinaykumar O. Dubey, Advocate for the Applicant. Mr.S.R. Agarkar, APP for the Respondent - State. Mrs.M.L. Rane, PSI, Nayanagar Police Station, Thane Rural, present.

......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 9, 2019.

P.C. :

This is an application for bail in connection with C.R.No.226 of 2018, registered with Naya Nagar Police station, Thane Rural, for the offence punishable under Section 370 of Indian Penal Code and under Sections 4 and 5 of Prevention of Immoral Trafficking Act.

Applicant had preferred an application before the Sessions Court, which has been rejected. The prosecution case is that informant received secret information that one lady, namely, Jyoti Singh and the applicant are making some girls to indulge in

rpa 2/3 916-ba-2701-18.doc prostitution. They arranged a trap. Bogus customer was sent to the accused Jyoti Singh. The bogus customer was informed that he has to pay Rs.25,000/- towards charges. She contacted the applicant and asked him to bring the girls. The bogus customer handed over amount to the applicant. Thereafter, the co-accused and the applicant produced three girls. Accused were apprehended on 2nd April, 2018 and, since then applicant is in custody.

Statement of victim girls were recorded. In their statements, they have mentioned their ages which shows that they are major. Their statements do not mention that they are forced to indulge in prostitution or exploited by the applicant - accused. According to applicant he was acting as per the instructions of the co-accused. Learned APP pointed out that one of the victim was medically examined and radiological examination indicate that her age is 14 to 16 years. The other radiological examination of same victim mentions that the clinical and radiological approximate shows the age of the said victim is about 15 to 17 years. Thus, there is variation in the certificate issued after radiological examination of the victim. She has represented herself as major girl. The investigation is completed

rpa 3/3 916-ba-2701-18.doc and charge-sheet has been filed. There are no antecedents against the applicant-accused. In the circumstances, grant of bail is made out.

Hence, I pass the following order:

:: O R D E R ::

(i) Bail Application No.2701 2018, is allowed;

(ii) Applicant is directed to be released on bail in connection with C.R.No.226 of 2018, registered with Naya Nagar Police station, Thane Rural, on his furnishing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(iii) Applicant is directed to report Naya Nagar Police Station, Thane Gramin, on first Saturday of the month between 11:00 a.m. to 01:00 p.m., till filing of the charge-sheet;

(iv) Applicant shall not tamper with the prosecution evidence;

(v) Bail Application stands disposed of.

(PRAKASH D. NAIK, J.)