Allowed

Kirtish Sudhakar Hegade v. the State of Maharashtra

Bombay HC8 Aug 2023BA/761/2023

Case brief

AI extract

What is this about?

High Court allowed bail to the applicant in C.R. No.851/2022 for offences under Section 370(3) IPC and IT(Prevention) Act, 1956. The court held that further detention was unnecessary as investigation was complete and prima facie materials suggested voluntary visitation.

What did the court decide?

Release on bail in relation to C.R. No.851 of 2022 by furnishing PR Bond of Rs.25,000 along with one or two sureties.

Kirtish Sudhakar Hegade Vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2023)

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d-ba761-2023-modified.doc

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.761 OF 2023

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Digitally signed byATUL ATULGANESH GANESHKULKARNI KULKARNI Date: 2023.08.09 17:41:54 +0530

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Kirtish Sudhakar Hegade… Applicant
V/s.
State of Maharashtra… Respondent

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Mr. T.M. Venjane with Mr. Vikram Madne i/by Mr.
Rajabhau S. Chaudhari for the applicant.

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Ms. Rutuja Gaikwad, APP for the respondent/ State.

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CORAM :AMIT BORKAR, J.

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DATED:AUGUST 8, 2023

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P.C.:

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1.This is an application under Section 439 of the Criminal
Procedure Code, 1973 seeking bail in connection with C.R. No.851
of 2022 registered with Yewat Police Station, for offences
punishable under Section 370(3) of the Indian Penal Code, 1860
and under Sections 3, 4, 5, and 8 of the Immoral Traffic
(Prevention) Act, 1956.

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2.As per prosecution, on 12 October 2022 informant and his
team of AHTU, Pune effected raid at Nakshatra Lodge by sending
dummy customer. It was found that prostitution business was
going on in the said lodge. They found four girls who were
indulged in the said business. The applicant/accused No.1 and
other accused were accepting money for said prostitution business.

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d-ba761-2023-modified.doc

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They have engaged above girls in the said prostitution business.
Accordingly, first information report came to be lodged.

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3.The applicant filed application under Section 439 of the
Criminal Procedure Code, 1973 before the learned Sessions Judge
which came to be rejected by order dated 1 February 2023. The
applicant, therefore, filed present bail application.

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4.On perusal of the case papers, it appears that statements of
victims have been recorded under Section 161 of the Criminal
Procedure Code, 1973. Though in the said statements the victims
have stated that the applicant along with others accepted the
amounts from the customers and told them to perform sexual
intercourse with the customers, the victims in a statement before
the Judicial Magistrate Firxt Class, Daund, Court No.2 stated that
they had voluntarily visited the place. Therefore, prima facie it
appears that the victims visited the place on their own.

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5.The investigation is complete. Charge-sheet is filed. The Trial
Court needs to adjudicate the involvement of accused persons on
merits. However, at this stage considering the statement made
before the Magistrate and applicant having been arrested on 13
October 2022, further detention of the applicant is not necessary.
Hence, following order:

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a)The applicant be released on bail in relation with C.R.
No.851 of 2022 registered with Yewat Police Station, for offences
punishable under Section 370(3) of the Indian Penal Code, 1860
and under Sections 3, 4, 5, and 8 of the Immoral Traffic
(Prevention) Act, 1956, on furnishing P.R. Bond in the amount of

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d-ba761-2023-modified.doc

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Rs.25,000/- along with one or two sureties in the like amount;

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b)The applicant shall mark his presence with the concerned
police station on first Saturday of every month till conclusion of
trial;

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c)The applicant shall remain present before the Trial Court on
each and every date unless specifically exempted by the Court;

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d)The applicant shall not directly or indirectly make any
inducement, threat or promise to any witness acquainted with the
facts of the case so as to dissuade him from disclosing such facts to
the court;

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e)The applicant shall not obstruct or hamper the police
investigation and not to play mischief with the evidence collected
or yet to be collected by the police;

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f)The applicant shall, at the time of execution of the bond,
furnish his address and mobile number to the investigating officer,
and the court concerned, and shall not change the residence till
the final disposal of the case;

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6.The bail application stands disposed of in above terms. No
costs.

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(AMIT BORKAR, J.)

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Note:This order is modified as per order dated 9 August 2023 to correct the
applicant’s appearance.

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Kirtish Sudhakar Hegade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kirtish Sudhakar Hegade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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