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Bombay High CourtBA/2918/2022disposed off

Rushikesh Balwant Arjun v. State Of Maharashtra

2022-11-09Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2918 OF 2022 Rushikesh Balwant Arjun ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Sagar Tambe alongwith Mr. Changdev Shingade instructed by Mr. Shivram Gawade for the Applicant.

Ms. P.P. Shinde, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 9 NOVEMBER 2022 P.C. :- .

This bail application is filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came be to arrested in Crime No.187 of 2022 registered at Vijapur Naka Police Station, Solapur for the offence punishable under Section 370(A)(2) of Indian Penal Code and Sections 3, 4, 5 and 6 of the Prevention of Immoral Traffic Act, 1956. 3.

It is the case of the prosecution that on 21st April 2022, on the basis of secret information, the raid was conducted and the present applicant and other co-accused were found running the brothel. 1 / 3

4.

I have heard the learned Counsel for the applicant and the learned APP for the State.

5.

The learned Counsel for the applicant submits that the applicant is in jail for more than four months. It is submitted that there are no criminal antecedents. It is submitted that investigation is over and therefore, further detention of the present applicant is not warranted. 6.

On the other hand, the learned APP for the State submits that the applicant is involved in serious offence of running brothel. It is submitted that the victims were induced to indulge in prostitution activity. It is submitted that considering the nature of offence, the applicant may not be released on bail.

7.

All the offences are punishable for less than seven years. There are no criminal antecedents. The investigation is over. Considering these facts, I am inclined to release the applicants on bail. Hence, the following order is passed :

(i) Application is allowed.

(ii) The applicant - Rushikesh Balwant Arjun be released on bail in Crime No.187 of 2022 registered at Vijapur Naka Police Station, Solapur for the offence punishable under Section 370(A)(2) of Indian Penal Code and Sections 3, 4, 5 and 6 of the Prevention of Immoral Traffic Act, 1956 on furnishing P.R. Bond in the sum of Rs.25,000/- with one or 2 / 3

two sureties in the like amount.

(iii) The applicant shall attend the Anti Human Traffic Unit, Solapur City, once in a month i.e. on 1st working Saturday between 11.00 a.m. to 2.00 p.m. till the conclusion of the trial. (iv) The applicant shall not give any threat or inducement to the prosecution witnesses.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2022.11.09 18:23:48 +0530 KANCHAN PRASHANT DHURI 3 / 3