Bombay High Court
Yudhishthir Ramchandra Naik vs The State Of Maharashtra on 15 March, 2021
Author: Prakash D. Naik
Bench: Prakash D. Naik
38- BA-1769-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1769 OF 2020
Yudhishthir Ramchandra Naik ... Applicant
Versus
The State of Maharashtra ... Respondent
.....
Mr. Prabhanjay R. Dave, Advocate for the Applicant.
Mr. A. R. Kapadnis, APP for the Respondent - State.
.....
CORAM : PRAKASH D. NAIK, J.
DATE : 15th MARCH, 2021
PER COURT:
1. The applicant is arrested on 6 th December, 2019 in C.R.
No. I -422 of 2019 registered with Vashi Police Station, Dist. Thane
for offences under Sections 370(A)(1), 366-A & 372 r/w Section 34
of Indian Penal Code and Sections 3, 4 & 5 of The Immoral Traffic
(Prevention) Act, 1956 (for short 'PITA Act') and Sections 4, 14 & 17
Digitally
signed by
RajeP. RajeP. Aher
Date: of Protection of Children from Sexual Offences Act, 2012 (for short
Aher 2021.03.19
11:05:38
+0530
'POCSO Act').
2. The case of the prosecution is that on 5 th December,
2019 on receipt of information raid was arranged. The information
was received that person named as Shaheen provides girls for
prostitution. During raid six girls were rescued. The applicant was
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38- BA-1769-2020.doc
working as manager of the lodge. The agent Shaheen was arrested.
At his instance one minor girl was rescued. FIR was lodged.
3. The investigation was completed and charge-sheet was
filed. During the course of investigation nine accused were arrested
out of which eight accused were granted bail by the Sessions Court,
Thane. The application preferred by the applicant was rejected
primarily on the ground that, the applicant was acting as manager in
the lodge.
4. Learned counsel for the applicant submitted that there
are no criminal antecedents against the applicant. The victims found
at the premises were major. Minor girl was rescued from co-accused,
who has been granted bail. Charge-sheet is filed.
5. Learned APP submitted that six victims were rescued.
One of them was minor. Although she was rescued from co-accused,
in her statement she has stated that she used to visit the said lodge
for prostitution.
6. The applicant was allegedly working as manager at the
lodge. Except the applicant, all the other accused are granted bail.
The statement of minor victim indicate that she was brought by the
co-accused Shaheen. The applicant is in custody from the date of
arrest. Statement of other rescued girls were recorded. They were
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38- BA-1769-2020.doc
major. In these circumstances, the applicant need not be detained in
further custody. Bail can be granted to him. Hence, I pass the
following order:
ORDER
(i) Criminal Bail Application No. 1769 of 2020 is allowed;
(ii) The applicant is directed to be released on bail in connection with C.R. No. I -422 of 2019 registered with Vashi Police Station, Dist. Thane 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 concerned Police Station once in three month on first Saturday of the month between 11:00 a.m. to 1:00 p.m. till further order;
(iv) The applicant shall not tamper with the evidence.
(v) The applicant is permitted to furnish provisional cash bail security in the sum of Rs.25,000/- for a period of eight weeks in lieu of surety.
(vi) Bail Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)
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