Bombay High Court
Deepak Baburao Sapate vs The State Of Maharashtra on 18 February, 2020
Author: Prakash D. Naik
Bench: Prakash D. Naik
Ethape 1/4 931.BA.423.2020.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 423 OF 2020
Deepak Baburao Sapate .. Applicant
Vs.
The State Of Maharashtra .. Respondent
WITH
BAIL APPLICATION NO. 169 OF 2020
Prashant Sambhaji Gonadhali .. Applicant
Vs.
The State Of Maharashtra .. Respondent
......
Mr.Satyavrat Joshi a/w Nitesh J. Mohite, Advocate for Applicant
in BA/423/2020.
Mr. Anand S. Patil, Advocate for Applicant in BA/169/2020.
Smt. Veera Shinde, A.P.P. for the State-Respondent in
BA/423/2020.
Mr. H. J. Dedhia, APP for the State-Respondent in BA/169/2020.
Tanaji Chaugale, Shahupuri Police Station present.
......
CORAM : PRAKASH D. NAIK, J.
DATE : 18th FEBRUARY 2020
PC.
1 The Applicants are arrested in connection with C. R.
No.786 of 2019 registered with Shahupuri Police Station,
Kolhapur, for ofences punishable under Section 370 of Indian
Penal Code (for short "IPC") and Sections 3, 4, 5, 6 and 7 of
Immoral Trafic Prevention Act, 1956.
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2 The prosecution case is that, the Police with the help
of N.G.O. laid trap. Information was received that at the accused
is running Spa Center and conducting prostitution activities with
the help of victims. The police laid the trap, visited premises.
Three girls were found at the place of incident. They were
rescued, all of them were major.
3 Learned counsel for the Applicant appearing in bail
application no. 169 of 2020 submitted that, he is not conducting
prostitution activities. He is not owner of the premises. He has
completed various courses in Ayurvedic Acupuncture and
certificate in Ayurvedic Panchkarma. Considering the knowledge
and experience, he was acting as guide at the spa center. He was
invited for coaching / training staf.
4 Learned counsel for the Applicant appearing in Bail
Application No. 423 of 2020 submitted that, he was holding the
premises on leave and license. The investigation is completed
and charge-sheet is filed. It is submitted on instructions that the
Applicant is willing to stay out of jurisdiction of Shahupuri police
station.
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5 Learned APP appearing in both the applications
submitted that, the prostitution activities were conducted in
residential area and the residents were objecting for the same.
Hence, raid was conducted. There is one more case registered
against Applicant in bail application no. 423 of 2020.
6 According to prosecution raid was conducted after
receipt of information that, the prostitution activities are
conducted at spa center under the pretext of providing facilities
of acupuncture etc. The Applicant in Bail Application No. 169 of
2020 was arrested on 13th December 2019 whereas the Applicant
in Bail Application No. 423 of 2020 was arrested on 14 th
December 2019. Investigation is completed and charge-sheet is
filed. There are no criminal antecedents against the Applicant in
Bail Application No. 169 of 2020. On certain terms and
condition. Bail can be granted to the applicants.
ORDER
i) Bail Application No. 169 of 2020 and Bail Application No. 423 of 2020, are allowed;
ii) The Applicants are directed to be released on bail in
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connection with C. R. 786 of 2019 registered with Shahupuri, Police Station on furnishing P.R. bond in the sum of Rs. 25,000/- each with one or more sureties in the like amount;
iii) Both the Applicants shall stay out of the jurisdiction of Shahupuri police station during the conclusion of trial. The Applicants shall not indulge in similar activities.
iv) Both Bail Applications stand disposed of accordingly.
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