Priya Tarashankar @ Anand @ Anilda Kar v. State Of Maharashtra
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2334 OF 2016 Priya Tarashankar @ Anand @ Anilda Kar ...Applicant vs The State of Maharashtra
...Respondent
.....
Mr Kartik S. Garg for the Applicant Mrs P.P.Shinde, APP for the Respondent Mr Vasant Labde, PI Mira Road Police Stn. present. .....
CORAM : SMT SADHANA S. JADHAV, J.
25 JANUARY, 2017 P.C. :
Heard. This is an application under Section 439 of the Code of Criminal Procedure, 1973. The applicant herein is arrested on 16.02.2016 in Crime No.29 of 2016 registered at Miraroad Police Station. The investigation is completed and charge-sheet is filed against the applicant under Section 366A, 370(3)(4), 372 r/w 34 of Indian Penal Code and under Section 3, 4 and 5 of the Immoral Traffic (Prevention) Act.
It is the case of the prosecution that on the basis of secret information, the Social Services Branch had raided the residential premises of the present applicant. The said premises were raided on 15.2.2016. At the time of raid, the Social Services Branch had rescued Pg 1 of 3
two girls from the house of the present applicant. The statements of the victim girl were recorded. One girl was 20 years old. She has disclosed to police that on 14.2.2016, the husband of the present applicant had assured her and her friend that he would give a job, and therefore, called them to room No.601, Ostwal Garden, Laxmi Park, Mira Road, Thane which is the house of the present applicant. They had gone to the said premises on 15.2.2016. There the girls were shown to the customers and then were induced to enter into the profession of prostitution. The police had reached in time, the premises were raided and the girls were rescued. The second girl had disclosed her age as 20 years. She has reiterated the case as put up by the first girl, however, in the course of investigation birth certificate of the second girl shows that she was aged about 16 to 16 1⁄2 years old.
Upon perusal of papers of investigation it appears that in fact it was the husband who had induced the said girls and called them to his house under the pretext of giving them job. The order has been passed under Section 18 of PITA Act. It appears from the record that it was the husband of the applicant who had lured to come to his house and forcing them to the profession of prostitution. The applicant is in custody since 16 February, 2016. The investigation is completed and charge-sheet is filed.
It is in these circumstances, the applicant deserves to be enlarged on bail. However, taking into consideration the material on Pg 2 of 3
record, the husband of the applicant shall not claim parity with the present applicant. The observations made in this order shall not be taken for discharge application, quashing of FIR or during trial. Hence, the order.
ORDER
(a) The applicant be enlarged on bail on executing P.R. bond in the sum of Rs.25,000/- with one or more local solvent sureties in the like amount;
(b) The applicant shall report to the concerned police station on every Sunday in between 10.30 a.m. to 1.00 p.m. till framing of charge.
The application is disposed of accordingly.
( SMT SADHANA S. JADHAV, J. ) Pg 3 of 3