Raju Chaman Yadav v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2734 OF 2017 Raju Chaman Yadav ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.P.R.Dave for the Applicant.

Ms.J.S.Lohokare, A.P.P for the Respondent-State. PI - Ranvir Bayes, Crime Branch, Thane, Unit I. CORAM : REVATI MOHITE DERE, J.

DATE : 12th MARCH, 2018 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.I-27 of 2017 registered with the Shil Daighar Police Station, Thane, for the alleged offences punishable under Sections 363, 366, 370, 372, 376 r/w 34 of the Indian Penal Code, under Sections 4 and 5 of Immoral Traffic (Prevention) Act, 1956 and under

2/4 Sections 4 ,6 and 17 Protection of Children from Sexual Offences Act 3.

Perused the charge-sheet. Admittedly, there are no allegations as against the applicant that he had induced the girls into prostitution or that he brought the victim girls (3 major and 1 minor) from Bangladesh. The only allegation, qua the applicant is that he was the Manager of Lucky Lodge, where the victim girls were taken. According to the prosecution, Sandeep, Santosh, Bahadur, Shyam and the applicant (Raju) were the Managers of the said Lodge. From all the 4 victim girls, only one of the victim girl, aged 28 years has in her supplementary statement stated that the applicant (Raju), Santosh and Sandeep took her aside, when she had gone to Lucky Lodge and asked her, whether she was a Bangladeshi and whether she was working on her own accord, to which, the said girl disclosed that she was a Bangladeshi and was working on her own accord. None of the victim girls have stated that the applicant either induced or compelled them or forced them into prostitution. The applicant is in custody since 7th February, 2017. Investigation is complete and charge-sheet is filed. 4.

Considering the nature of allegations, as against the applicant,

3/4 the application is allowed and the applicant is enlarged on bail on the following terms and conditions:-

ORDER

i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.50,000/- with one or more local solvent sureties in the like amount;

ii) The Applicant shall attend the concerned Police Station, on the first Saturday of every month, between 10:00 a.m. to 11:00 a.m., till the conclusion of the trial;

iii) The Applicant shall not tamper with the evidence or attempt to contact, influence the victim girls, witnesses or any person concerned with the case;

iv) The Applicant shall co-operate in the conduct of the trial. 5.

The Application is allowed and disposed of in above terms.

4/4 6.

It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 7.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)