POCSO BA No. 1035/24
1
Date : 02.05.2024
MHCC020064452024
IN THE SPECIAL COURT FOR PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT, 2012 AT FORT, GREATER BOMBAY
BAIL APPLICATION (POCSO) NO. 1035 OF 2024
IN
C.R. NO. 469 OF 2024
CNR NO. MHCC02-006445-2024
Mrs. Shital Gorakhnath Nale,
Aged 30 years, Occ. : Service,
Residing at Room No. 201, Swapnaraj Building,
A-Wing, Kamothe, Navi Mumbai.
(At present lodged in Byculla Prison)
)
)
)
)
) … Applicant
V/s.
The State of Maharashtra,
(At the instance of Bandra Police Station, in
C.R. No. 469 of 2024)
)
)
) …Respondent
Appearance :
Ld. SPP Jyoti Sawant for the State.
Ld. Adv. Nadar for applicant.
CORAM : H.H. THE SPECIAL JUDGE
UNDER POCSO ACT
SMT KALPANA K PATIL
DATE : 02/05/2024 (C.R.NO.36)
ORAL ORDER
1.

Applicant/accused has filed this application u/sec. 439 of Cr.P.C.

for grant of bail in connection with C.R. No. 469 of 2024, for the
offences punishable u/sec. 3,4,5 Immoral Traffic Prevention Act r/w.
u/sec. 370(3) and 34 of Indian Penal Code and u/sec. 8 and 12 of the
Protection of Children from Sexual Offences Act, 2012 registered with
Bandra Police Station, Mumbai.

POCSO BA No. 1035/24
2.

2
Date : 02.05.2024
Brief facts giving rise to the present application are as under:
WPI Jyoti Hibare received information that prostitution business
is carried out in SPA villa situated at Dhiraj Archade, Pali Naka, Bandra
West, Mumbai.

She called police staff, panch witnesses and decoi
customer. After giving instructions to them, raid was effected at SPA
villa on 26.03.2024 at 4.20 p.m. Applicant / accused was found
working as Manager in said SPA. Police rescued 4 victims who were
brought to the SPA for prostitution. After preparing the relevant
panchnamas regarding the raid, police constable Yogesh Narale filed FIR
in Bandra police station.
3.

Applicant has submitted that she is falsely implicated by the
police in this case and having 2 minor children to look after. The
applicant has no record of conviction nor any case is pending against
her to her discredit. She is not the manager of any prostitution business
as alleged and the ladies were not the prostitutes. None of the victim
ladies did come forward to lodge FIR against anyone and the police
forcefully lodged the FIR on false information. The applicant has not
kept any brothel anywhere and living on the income of prostitution
business of any prostitute. The minor victim came to the above said
SPA for job interview and even applicant never seen the minor victim
except on the day of raid. The applicant is ready to attend the police
station and to co-operate with the police in further investigation. She is
ready to furnish surety to the satisfaction of this Court. She undertakes
that she will not approach the victim girl or witnesses during the period
on which she will be on bail.
4.

Application has been opposed by the prosecution vide Exh. 2. It
is submitted on behalf of the prosecution that if accused is released on
POCSO BA No. 1035/24
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Date : 02.05.2024
bail there are chances of her absconding. If she is released on bail there
are chances of starting new business of prostitution. Investigation is in
progress. At last, prosecution prayed for rejection of bail application.
5.

Heard both sides and also perused FIR and the investigation
papers. It appears that medical examination of all the four victims is
completed, the place of occurrence i.e. SPA villa is sealed by police after
panchnama. Two mobile phones, cash of Rs. 25,500/- has been already
seized by police at the time of raid. Relevant papers found on the spot
at the time of raid are also seized by police. Detail spot panchnama is
prepared. Inquiry with the victim girls is also made. Hence, it is clear
that major part of the investigation is completed.
6.

Police have not produced any record regarding the criminal
antecedents of applicant/accused.

She is having fixed place of
residence. Hence, there are no chances of absconding. Accused has
submitted that she will co-operate in the investigation and will also
attend the court regularly. Considering the progress of the investigation
and other facts discussed above, I come to the conclusion that it is not
necessary to keep the accused in jail till conclusion of the investigation
and further trial. Hence, I proceed to pass following order :
ORDER
1.

Bail Application No. 1035 of 2024 in C.R. No. 469 of 2024 is
hereby allowed.
2.

Accused Mrs. Shital Gorakhnath Nale, has been released on bail
in
C.R. No. 469 of 2024, for the offences punishable u/sec. 3,4,5
Immoral Traffic Prevention Act r/w. u/sec. 370(3) and 34 of Indian
Penal Code and u/sec. 8 and 12 of the Protection of Children from
Sexual Offences Act, 2012 registered with Bandra Police Station,
POCSO BA No. 1035/24
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Date : 02.05.2024
Mumbai, after furnishing P. R. Bond of Rs. 30,000/- (Rs. Thirty
Thousand only) with one or two sureties of the like amount.
3.

Provisional cash bail of like amount is allowed. Applicant/
Accused to furnish surety within Eight weeks, after her release.
4.

The accused shall not tamper with prosecution witnesses, shall
not contact the victim by any mode and shall not leave India without
permission of the Court.
5.

The accused shall furnish the photo copy of her Aadhar Card,
photo copies of documents of her permanent and temporary residential
address, to this Court, so also to the Investigating Officer, forthwith.
6.

The accused shall give intimation in writing to Investigating
Officer and this Court as and whenever she changes her residential/
temporary address.
7.

The accused shall furnish in writing the details including names
and addresses of her three blood relatives, whose names are not in the
FIR, forthwith to this Court so also to the Investigating Officer.
8.

Breach of any of the conditions of this order shall be a ground for
its cancellation.
9.

The application stands disposed off accordingly.

KALPANA
KAMLAKAR
PATIL
Mumbai:
Date: 02/05/2024
Dictated on
Transcribed on
Signed on
: 02/05/2024
: 02/05/2024
: 02/05/2024
Digitally signed by
KALPANA
KAMLAKAR PATIL
Date: 2024.05.02
16:32:50 +0530
(KALPANA K. PATIL)
Special Judge under POCSO Act,
Court Room No.36, Gr. Bombay.

POCSO BA No. 1035/24
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Date : 02.05.2024
“Certified to be true and correct copy of the original signed order”.
02/05/2024
at about 4.40 p.m.

Name of the Hon’ble Judge
(Ms. Varsha V. Sawant)
Stenographer (H.G.)
Court Room No.36
: Smt. Kalpana K. Patil
(Court Room No.36)
Date of pronouncement of Judgment/Order : 02/05/2024
Judgment/Order signed by Hon’ble Judge on : 02/05/2024
Judgment/Order uploaded on
: 02/05/2024