Rahul Jagdish Sav v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3140 OF 2019 Rahul Jagdish Sav ... Applicant Vs The State of Maharashtra ... Respondents ...
Mr. Prabhanjay R. Dave for the Applicant.
Mr. S.R.Agarkar , APP for the Respondent-State. PI Narendra Kore attached to Kashimira Police Station present.
CORAM : SANDEEP K. SHINDE J.
DATE : 4 th FEBRUARY, 2020 P.C. :
Heard.
Applicant is seeking his enlargement on bail in Crime No.I-642 of 2018 for the ofences punishable under Sections 370(1) read with Section 34 of the Indian Penal Code, 1860 and Sections 3,4 and 5 of the Prevention of Immoral Trafcking Act, 1956.
Perused the fnal report. It is the alleged case that on receiving the secret information, Suryaprakash Shivgan 1/4
Lodging and Boarding was raided on 11th October, 2018 wherein a girl of 24 years was rescued and manager, cashier and owner were arrested. It is alleged that applicant had induced the victim for the sake of prostitution which the victim had disclosed in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973 on 12th October, 2018. It is submitted that the owner, manager and the cashier were released on bail and investigation in the case is over.
Nextly, it is submitted that the victim has been repatriated to Bangladesh. Bail is also sought on the ground that trial may not commence or conclude in near future and his presence can be secured by imposing suitable conditions.
Prima-facie, evidence on record against the applicant is the statement of the victim recorded under Section 164 of the Cr.P.C. Besides, no other evidence has been brought to my notice against the applicant Shivgan 2/4
which could show his further complicity in the ofence alleged. Even otherwise, cashier, manager and owner of the premises, who had been arrested during the said raid, have already been released on bail. Investigation is over. No other criminal antecedents against the applicant are brought to my notice.
In view of the facts of the case, nature of accusations and the evidence as against the applicant, the applicant is directed to be released on bail.
ORDER
(i) The applicant be enlarged on bail in Crime No.I-642 of 2018 registered with Kashimira police station, on executing PR Bond in the sum of Rs. 30,000/- with one or two local solvent sureties in the like amount;
(ii) The applicant shall attend the concerned Police Station once in a month on the Second Monday of every month commencing from February, 2020 between 11:00 a.m. to 1:00 noon till the charge is framed;
(iii) The applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Trial Court ;
(iv) The applicant shall not tamper with the evidence or attempt to infuence or contact the complainant, witnesses Shivgan 3/4
or any person concerned with the case;
The application is accordingly disposed of.
It is made clear that observations made hereinabove be construed as expression of opinion only for the purpose of granting bail and the same shall not in any way infuence the trial in other proceedings.
(SANDEEP K. SHINDE, J.) Shivgan 4/4