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Bombay High CourtABA/380/2021rejected

Sheikh Jaleel Sheikh Kasim v. State Of Mah. Thr. Pso Ps Wani Tah.Wani Dist.Yavatmal

2021-07-27Hon'Ble Shri Justice S.M. Modak2 pages

4.ABA.380.2021.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.380/2021 Sheikh Jaleel Sheikh Kasim Vs. State of Maharashtra through Police Station Officer, P.S. Wani, Yavatmal ******************************************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

******************************************************************************************************************* Shri Anup Dhore, Advocate for the Applicant.

Shri A.M. Kadukar, APP for the Non-applicant. CORAM : S.M. MODAK, J.

DATE : 27 th JULY, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality were proper.

02] Heard learned Advocate Shri Anup Dhore for the applicant and learned APP Shri A.M. Kadukar for the non-applicant. 03] The applicant apprehends his arrest in connection with Crime No.225/2021 registered with Police Station, Wani. It was registered on 9th March, 2021 for the offences punishable under Sections 363, 366-A, 370(1), 370(4) of the Indian Penal Code, 1860, under Sections 3 and 4 of the Immoral Traffic (Prevention) Act, 1956 and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. The police got information from the volunteers of N.G.O. Freedom Firm that brothel is being run in a hut at Prem Nagar, Wani. The police have raided the place on 9th March, 2021. From one place they have found one victim, whereas from other place they have found one victim and another lady. The police came to know about the involvement of one Sakhu Natthu Kurekar and Priya Raju Dhanawat. They have found objectionable materials suggesting

4.ABA.380.2021.

2/2 running brothel. Accordingly, offence is registered. 04] It is true that present applicant has not been named in the F.I.R. The papers of investigation are made available. Learned APP pointed out to me the statement of the victims. It discloses that those victims are from Gwalior, Madhya Pradesh and they had come to Wani due to the financial difficulties. They have stayed with the arrested accused Sakhubai and she has arranged for running of brothel. Their statement further reveals that one Sheikh Jaleel also used to stay along with arrested accused Sakhubai. 05] According to the applicant, except this there is no reference of the applicant. Learned APP invited my attention to certain observations made by this Court while rejecting the bail application of Sakhubai.

It is also true that said Sakhubai was admitted to regular bail by the Sessions Court, Kelapur. 06] I am not inclined to grant anticipatory bail because the offence is serious and service of minor victims are being availed of. The reference in the statement of victims about Sheikh Jaleel is sufficient for me to reject the anticipatory bail application. The applicant denies his stay there. But police needs to be given an opportunity for custodial interrogation.

07] Hence, the application is rejected.

JUDGE vijay