Renuka @ Rekha Mahesh Gaikwad v. The State Of Maharashtra

Digitally signed by SHAGUFTA Q PATHAN Date:

2021.09.28 17:42:17 +0530 SHAGUFTA Q PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2702 OF 2021 Renuka @ Rekha Mahesh Gaikwad ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Ashok B. Tajane for the Applicant Mr. H. J. Dedhia, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

TUESDAY, 28 th SEPTEMBER 2021 P.C. :

Heard learned counsel for the parties.

By this application, the applicant seeks her enlargement on bail in connection with C.R. No. 135/2021 registered with the Taluka Police Station, Solapur Rural, Solapur, for the alleged offence punishable under Sections 3, 4, 5 and 6 of the Prevention of Immoral Trafficking Act and under Section 370-A(2) of the Indian Penal Code. 1/4

Perused the papers, in particular, the statement of the victim girl aged 25 years. It is the prosecution case that the applicant had forced the victim girl into prostitution, pursuant to which, a dummy customer was arranged and a trap was laid. A perusal of the victim girl's statement which is on page 39 of the application, shows that the said victim girl's husband had expired about 4 years prior and that she was into prostitution for earning her livelihood. She has stated that she would go to different places and that she met the applicant on one such occasion. She has stated that the applicant used to also bring customers and that the applicant would pay her Rs. 300/- for the same. She has stated that whenever a customer came, the applicant would call her, pursuant to which, she would go the applicant's house on and often.

Admittedly, the victim girl was a major. Prima facie, it appears that the victim girl, on her own accord, had indulged into prostitution, due to her financial constraints. The applicant has no antecedents. Investigation is complete and charge-sheet is filed. Considering the aforesaid, the application is allowed and the applicant is enlarged on bail, on the following terms and conditions : 2/4

ORDER

(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 15,000/- with one or two sureties in the like amount; (ii) The applicant shall inform her 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 Court seized of the matter and to the Investigating Officer of the concerned Police Station;

(iii) The applicant to cooperate with the conduct of the trial and attend the trial Court on all dates, unless exempted; (iv) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

The application is accordingly disposed of in the aforesaid terms.

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It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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