Bombay High Court
Dhirendra Parmeshwar Yadav vs The State Of Maharashtra on 18 February, 2019
Author: Prakash D. Naik
Bench: Prakash D. Naik
spb/ 8ba1236-18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1236 OF 2018
Rajeshkumar Munna Yadav ... Applicant.
V/s.
The State of Maharashtra ... Respondent.
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WITH
BAIL APPLICATION NO. 784 OF 2018
Dhirendra Parmeshwar Yadav ... Applicant.
V/s.
The State of Maharashtra ... Respondent.
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Mr. P.R. Dave, Advocate, for the Applicant in BA No.1236/18.
Mr. Ajay H. Saravde, Advocate for the Applicant In BA.784/18.
Mr. R. M. Pethe, APP for the State.
(Mr. Nitin Rathod, API,Vashi Police Station, is present.)
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CORAM : PRAKASH D. NAIK, J.
DATE : FEBRUARY 18, 2019.
PC :
1 The Applicants were arrested on 03rd April, 2017 in
connection with the CR No. 0146 of 2017, registered with
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Vashi Police Station, Navi Mumbai, for the offence under
sections 370, 372 read with section 34 of the Indian Penal
Code and under sections 16 and 17 of the POCSO as well as
sections 4 and 5 of PITA Act.
2 The case of the prosecution is that on 03rd April,
2017, the concerned Police had received information about the
prostitution activities through website. On receipt of
information, it was decided by the police to lay a trap and
accordingly, a bogus customer was made to call on the
mobile number given on the website. With the help of bogus
customer and the panch, three women were rescued. The
applicants were apprehended at the place of the incident and
first information report was registered. The statements of the
rescued women were recorded under sections 161 and 164 of
the Cr.P.C. They were medically examined and a chargesheet
was filed.
3 The learned counsel appearing for the respective
applicants submit that the offence under sections 370 and 372
of the Indian Penal Code do not attract in the case. The case
would, at the most, fall within the purview of sections 3
and 4 of PITA Act. It is submitted that there is variance in the
statements of the rescued women and that the said women had
suppressed their nationality and while recording statements
they have stated that they are major. The said women have
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also stated that they were married, having children. The third
rescued woman is admittedly a major woman. It is further
submitted that all these women witnesses have not stated that
they were exploited or forced to be in the prostitution
activities. Amongst the three women, two women were
repatriated to Bangladesh, being the citizens of the said
country. It is further submitted that the medical
examination conducted at the instance of the respondents is
contrary to the versions of the rescued women as reflected in
the statements recorded under sections 161 and 164 of the
Cr.P.C..
4 The learned APP, however, submitted that the
medical examination of the victim women discloses that two
of them were minor. The applicants are actively involved in
the prostitution activities. The CDR record indicates their
involvement in the crime. On the website, there is mention of
telephone number of the applicant in BA No.1236 of 2018. It
is further submitted that the rescued women were repatriated
to Bangladesh and one of them claims to be the wife of
applicant in BA No. 1236 of 2018. It is submitted that the
medical examination report cannot be brushed aside at this
stage. The applicant in BA No.1236 of 2018 is also involved in
the similar case and while on bail he has committed the
present crime.
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5 I have perused the chargesheet. During the course
of the investigation, the statements of the victims were
recorded under section 161 of Cr. P.C.. On 04.04.2017, the
first victim stated her age to be 22 years. She has also stated
that she is a resident of Bangaladesh. She got acquainted with
the applicant in BA No. 1236 of 2018. She came to Mumbai
alongwith her friend. Thereafter, she is involved in the
prostitution activities. The second victim, at the time of
recording statement, has disclosed her age as 32 years and
stated that she is the resident of West-Bengal and on account of
poverty, she came to Mumbai and thereafter got acquainted
with the aforesaid applicant and alongwith the other victims,
she got involved in prostitution. The third victim is a major
woman and has narrated as to how she is involved in the
prostitution activities.
6 As stated above, the statements of these victims
were recorded under section 164 of the Cr. P.C.. The first
victim has stated in the statement recorded under section 161
of the Cr. P.C.. that she is married to the aforesaid applicant
four years ago, before meeting him and she got involved in the
prostitution activities after the marriage and that she has also
delivered a child. She has also stated that she hails from the
West-Bengal. Similarly, the second victim in her statement
under section 164 of the Cr.P.C., has also disclosed that she is
from West-Bengal and had involved in prostitution activities
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after she got acquainted with the aforesaid applicant. In the
said statement, however, she disclosed her age to be 17 years.
The third victim is a major woman and her statement is not
recorded under section 164 of the Cr.P.C.. The medical
report of the first victim, the consent form filled up by the said
victim, discloses her age to be 22 years. However, the
radiographic/ radiological opinion indicates that she is 17
years & 6 months of age. The medical examination of the
second victim in the consent form has disclosed her age to be
22 years and that she is a married woman. The medical
opinion regarding her age indicates that she is of 16 to 16 &
½. years of age. It is contended that the said witnesses have
disclosed their age, which indicates that they were major. The
medical examination, however, shows that they are 17 & ½
and 16 & ½ years of age. It is also contended that the said
victims have suppressed their nationality and the first two
victims are repatriated to Bangaladesh. One of the victim has
disclosed that she had been in the prostitution activities since
past and that she is a married woman.
7 In the light of the above evidence, further
continuation of the Applicants in custody is not necessary. The
investigation is complete and the chargesheet is already filed.
Hence, bail can be granted to the Applicants.
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ORDER
i. Both the Applications i.e. Bail Application No. 1236 of 2018 and Bail Application No.784 of 2018 are allowed.
ii. The Applicants are directed to be released on bail in connection with the CR No. 0146 of 2017, registered with Vashi Police Station, Navi Mumbai, on their furnishing PR Bonds in the sum of Rs. 25,000/- each with one or more sureties in the like amount.
iii. The Applicants shall report to the concerned Police Station once in a month, on first Saturday of the month between 11 a.m. to 1 p.m. till further orders.
(PRAKASH D. NAIK, J.) .....
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