High Court ordered release of the applicant on bail in a criminal case involving offences under Sections 370(2) IPC and Sections 4 and 5 of the Immoral Traffic (Prevention) Act.
Release on bail for Rs. 30,000 with one or more sureties in the like sum with specific reporting conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BA-1208-2021 (sr.16)
20August,2021
Rane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1208/2021
Chandraprakash Shaligram Atote
(Presently lodged at Aadharwadi
Jail)
.....Applicant
V/s.
The State of Maharashtra & anr. ....Respondents
* * * *
Mr. Mahesh Vaswani, a/w.Ms. Shreya Tiwari and Ms.
Pranjali Desai i/by. Ms. Dharini Nagda, Advocate for
the applicant.
Mr. H.J. Dedhia, APP for State.
CORAM : SANDEEP K. SHINDE, J.
(Video Conference).
Friday, 20th August, 2021.
P.C. :
1. Heard learned Counsel for the applicant and
learned APP for State.
2. Applicant is seeking his enlargement on bail in
connection with Crime No. 0542/2019 dated 19th
November, 2019 registered with Mahatma Phule Chowk
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20August,2021
Rane
Police Station, Kalyan for the offences punishable under
Sections 370(2) read with Section 34 of the Indian Penal
Code and Sections 4 and 5 of the Immoral Traffic
(Prevention) Act.
3. Prosecution case in brief, is that, on a tip-off, the
Anti Human Trafficking Cell, Thane apprehended the
applicant and co-accused; his live-in-relationship partner.
Both were found living on the earnings of ‘Prostitution’.
Before apprehending the applicant and co-accused (his
partner), decoy customer called the applicant on his
mobile. Whereupon the applicant allegedly agreed to
provide girls of his choice. After which he asked customer to
talk with co-accused. She asked the decoy customer to book
a room in the Hotel, Sagar International. She demanded
Rs.2,000/- from him. Whereafter pre-raid panchanama was
drawn and Rs.2,000/- were given to the decoy customer.
Particulars of the currency were noted in pre-raid
panchanama. Applicant’s partner was apprehended on the
spot in the company of the victim while soliciting the decoy
customer. Thereafter, the offence in question came to be
registered against the applicant and the co-accused under
Sections 370(2) and Sections 4 and 5 of the PITA Act.
Applicant was arrested on 20th November, 2019.
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BA-1208-2021 (sr.16)
20August,2021
Rane
Investigation in the case is over and chargesheet has been
filed. There is no past criminal record against the
applicant.
4. Learned Counsel for the applicant, has taken me
through the chargesheet and in particular the statement of
the victim recorded on 20th November, 2019 to contend that
the statement of victim who was 29 years old, does not
suggest the applicant’s complicity in the crime.
5. Mr. Dedhia, the learned APP would submit that,
there is sufficient evidence on record to indicate that
applicant and the co-accused with whom the applicant is
live-in-relationship, were living on the, earnings of
prostitution. In support of this submission, he relies on the
statement of the victim, which is at page-117 of this
application.
6. I have perused the chargesheet. The role
attributed to the applicant is that, he had agreed to make
available the girls to the decoy customer as desired by him
through his partner, the co-accused. Yet, statement of the
victim does not suggest that, he had accepted the money on
behalf of her and/or he paid money to her.
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20August,2021
Rane
7. The applicant is in custody since November,
2019. There is no criminal past record. The trial may not
commence in the near future. However, his presence for
trial can be secured by imposing the conditions.
8. For the reasons stated above, the application is
allowed. Hence, the following order :
O R D E R
(i) The applicant arrested in Crime No. 0542/2019
registered at Mahatma Phule Chowk Police Station,
Kalyan, shall be released on bail on executing P.R.
bond for the sum of Rs.30,000/- (Rs. Thirty
Thousand only) with one or more sureties in the like
sum.
(ii) The applicant shall report to the Investigating
Officer on each Monday commencing from 30th
August, 2021 between 11:00 a.m. to 1:00 p.m. till
the charge is framed and co-operate in the
investigation.
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BA-1208-2021 (sr.16)
20August,2021
(iii) The applicant shall furnish his permanent
residential address and contact number to the
Investigating Officer forthwith within a week of his
release from jail.
(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.
6. The application is accordingly allowed and
disposed off.
7. It is made clear that, observations made
hereinabove, shall be construed as expression of opinion for
the purpose of granting bail only and the same shall not, in
any way, influence the trial in other proceedings.
Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2021.08.23 11:47:46 +0530
(SANDEEP K. SHINDE, J.)
3 issues framed by the court
Whether to grant bail to the applicant in a bail application.
Whether the conditions of bail can secure the applicant's presence for trial.
Whether the observation affects the trial proceedings.
2 provisions across 2 enactments
Chandraprakash Shaligram Atote
The State of Maharashtra
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court