Court allowed bail application of Mangilal B. Prajapati charged under IPC 370 and PITA for prostitution activities, noting that the victim statement was not recorded and co-accused was on bail.
Bail granted on executing P.R. bond in sum of Rs.25,000/- with sureties; required to report police once in three months.
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.
33 BA 225-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 225 OF 2021
Mangilal B. Prajapati… Applicant
Versus
The State of Maharashtra … Respondent
Mr. Mahesh V. Rajpopat a/w. Mr. Akshit Kothari, for the Applicant.
Mrs. Anamika Malhotra, APP for the Respondent – State.
Mr. N. D. Sawant, H.C., Bangur Nagar Police Station, Mumbai.
CORAM : PRAKASH D. NAIK, J.
DATE: 19th MARCH, 2021
PC :
. This is an application for bail in C.R.No.637/2020 registered
with Bangur Nagar Police Station, Goregaon, Mumbai, for the
offence punishable under Sections 370(1) of Indian Penal Code,
1860 and Sections 4 and 8 of The Immoral Traffic (Prevention) Act,
1956 (in short ‘PITA’).
Digitally signed by Manish Manish S. Thatte Date: 2021.03.22 S. Thatte 11:35:54 +0530
2. The case of the prosecution is that on receipt of information,
that the prostitution activities are being conducted in the premises
mentioned in the complaint, the police raided premises with the aid
of bogus customer. One victim was found at the premises. She was a
major woman aged about 22 years. The F.I.R. was registered against
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the applicant was allegedly conducted the prostitution activities and
the owner of the lodge. It appears that Leave and Licence agreement
was executed with the applicant by the owner of the lodge. The
applicant was arrested on 7th October 2020. On completing
investigation, the chargesheet is filed.
3. Learned Counsel for the applicant submitted that no any case
is registered against the applicant in the past. The applicant is in
custody for substantial period of time. The co-accused has been
granted bail.
4. Learned APP submitted that applicant was conducting
prostitution activities. He was found at the premises. Call was made
to applicant after it was decided to raid the premises. One victim was
rescued from the premises.
5. It appears that the statement of the victim was not recorded
during the investigation. Learned APP however submits that the
Panchnama recorded at the time of raid refers to the name of the
victim and the fact that the bogus customer was introduced and
amount was received.
6. The applicant is charged for the offence 370(1) of Indian Penal Code and other provisions of Sections 4 and 5 of PITA Act. He is in
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custody from the date of arrest. The statement of the victim has not
been recorded. The victim was a major woman.
7. Considering this aspects, further detention of the applicant is not necessary.
8. Hence, the following order.
O R D E R
(i) Bail Application No.225 of 2021, is allowed.(ii) The applicant is directed to be released on bail in C.R.No.637/2020 registered with Bangur Nagar Police Station, Goregaon, Mumbai, on executing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount;(iii) The applicant shall report the concerned Police Station once in three months on first Saturday of month between 11.00 a.m. to 01.00 p.m. till further order;(iv) Bail Application No.225 of 2021 stands disposed of accordingly.(PRAKASH D. NAIK, J.)
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Manjusha
1 issue framed by the court
Whether further detention of the applicant is necessary considering aspects such as unrecorded victim statement and no prior case against him.
3 provisions across 2 enactments
Mangilal B. Prajapati
The State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court