The High Court at Bombay Criminal Appellate Jurisdiction granted bail to the applicant, accused under sections 366A IPC and ITCA, 1959, citing over five years of custody, completed investigation, no criminal history, and lack of flight risk.
Applicant released on bail by furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
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.
Darshan Patil
22-ba-1443-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1443 OF 2021
Rajani Sonu Gauri ..Applicant VS. The State of Maharashtra ..Respondent
Smt. Savita Ashok Prabhune for the Applicant.
Mr. N. B. Patil, APP for the State.
Nikhil Chavan, PSI, Kashimira Police Station is present.
------------ CORAM : M. S. KARNIK, J.
DATE : JANUARY 9, 2023.
P.C. :
1. Heard learned counsel for the applicant and learned APP for the State..
2. This is an application for bail by the applicant- Rajani Sonu Gauri in connection with C.R. No.390 of 2017 dated 10/08/2017 registered with Kashimira Police Station, under Section 366A of the Indian Penal Code, 1860, under sections 3, 4, 5 of Immoral Traffic (Prevention) Act, 1959 and under section 18 of the Protection of Children from Sexual Offences Act, 2012.
3. Date of the incident is 10/08/2017. The prosecution through Anti Human Trafficking Branch conducted a raid and
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set up a decoy customer in the house of the applicant who is alleged to be involved in prostitution. On the date of the incident, the decoy customer paid a sum of Rs.3000/- for facilitating the applicant in providing a girl for prostitution. When the raid was conducted, it was found that the victim is the daughter of the applicant. The victim is at present in the observation home and according to learned APP looked after well.
4. So far as the applicant is concerned, for the alleged offence, now she is in custody for more than 5 years and 6 months. Though the charge has been framed, there is no progress in the trial. Considering the period of long incarceration and that there are no criminal antecedents reported against the applicant, the applicant can be granted bail. The investigation is complete and the charge-sheet is filed. Nothing has been brought on record to infer that the applicant will not attend the trial. Hence, the following order.
: ORDER :
(a) Applicant- Rajani Sonu Gauri shall be released on bail in connection with C.R. No.390 of 2017 dated 10/08/2017
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registered with Kashimira Police Station, on furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
(b) The applicant 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 applicant shall not tamper with evidence.
(c) On being released on bail, the applicant shall furnish her contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(d) The applicant shall report to the concerned police station once a month i.e. on first Monday between 11.00 a.m. and 01.00 p.m. and thereafter as and when called for.
5. The Bail Application is disposed of.
(M. S. KARNIK, J.)
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1 issue framed by the court
Whether bail should be granted to the applicant in custody for over five years and six months considering the long incarceration period and lack of criminal antecedents.
3 provisions across 3 enactments
Rajani Sonu Gauri
The State of Maharashtra
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
