Janatabai Giriraj Tillor v. The State Of Maharashtra
2023:BHC-AS:25777
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1524 OF 2023 JANATABAI GIRIRAJ TILLOR ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT WITH BAIL APPLICATION NO.1525 OF 2023 KAVITA BHIMRAY KATTIMANI ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Nilesh Wabale i/b. Adv. Umesh R. Mankapure for the Applicant in BA/1524/2023.
Adv. Pushpalata B. Khot i/b. Adv. Umesh R. Mankapure for the applicant in BA/1525/2023.
Ms. Rutuja Ambekar, APP for the State.
------------ CORAM : M. S. KARNIK, J.
DATE : SEPTEMBER 5, 2023 P.C. :
1.
Heard learned counsel for the applicants and learned APP for the State.
2.
These are applications for bail in respect of the offence punishable under Sections 370 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) and under Sections 3, 4, 5, 6, 7 of the Immoral Traffic (Prevention) Act, 1965 registered vide C.R. No.49 of 2023 with Vishrambaug Police 1/4
Station, Sangli.
3.
The FIR was registered on 03.02.2023. There are three accused. The applicant in Bail Application No.1524 of 2023 is accused No.2. The applicant in Bail Application No.1525 of 2023 is accused No.1. The applicants were arrested on 04.02.2023. The applicant-Janatabai Giriraj Tillor is the grandmother of one of the victims. The other victim is closely related to the present applicant. It is alleged that the applicants forced the victims into prostitution. Pursuant to the raid carried out on the basis of the information received, the applicant in Bail Application No.1524 of 2023 who is the accused No.2 came to be arrested. The applicant in Bail Application No.1525 of 2023 is the owner of the premises where the offence is alleged to have taken place.
4.
The applications are opposed by learned APP contending that the accusations against the present applicants are serious and the provisions of PITA Act are invoked.
5.
I have carefully perused the statements of the 2/4
victims. I am informed that the victims are at present in Rajasthan. The victims are closely related to the applicant in Bail Application No.1524 of 2023 and one of the victims is the applicant's granddaughter. There are no allegations of pressurising or forcing the victims into prostitution. In the facts and circumstances of the present case, considering that there are no criminal antecedents reported against the present applicants who are women, they can be enlarged on bail. So far as the applicant in Bail Application No.1525 of 2023 is concerned, she is alleged to be the owner of the premises where these activities were carried on. The applicants were arrested on 04.02.2023 and now in custody for more than seven months. The applicants will face the consequences of the trial. The trial is likely to take a long time to conclude. The investigation is complete and the charge-sheet has been filed. The applicants can be enlarged on bail. Hence, the following order :-
O R D E R
(a) The applications are allowed.
(b) The applicants-Janatabai Giriraj Tillor and Kavita Bhimray Kattimani in connection with C.R. No.49 of 3/4
2023 registered with Vishrambaug Police Station, Sangli shall be released on bail on their furnishing P.R. Bond of Rs.25,000/- each with one or more local sureties in the like amount.
(c) The applicants shall attend the Investigating Officer of Vishrambaug Police Station, Sangli once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.
(d) The applicants shall not leave Sangli district without intimation to the Investigating Officer or without permission of the trial Court.
(e) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicants shall not tamper with evidence.
(f) The applicants shall not make attempt to contact the victims or pressurise them.
(g) On being released on bail, the applicants shall furnish their contact numbers and residential addresses to the Investigating Officer and shall keep him updated, in case there is any change.
6.
The applications are disposed of.
(M. S. KARNIK, J.) 4/4 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 05/09/2023 18:09:51