Cri.Bail Application No.619/2024
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MHCC020040752024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.619 OF 2024
(C.R.NO.96/2023)
Krishnkumar Ramchandra Rajbhar
Age 37 Years, Occupation: Business,
Residing at 8, Shivsrushthi Road,
Milan Nagar, Kurla (East),
Mumbai 400 024.

..Applicant/Accused
V/s.
The State of Maharashtra
At the instance of Govandi Police
Station in C.R.No.96/2023 registered
u/s.370(3) r/w 34 of the Indian Penal
Code, 1860 and u/s. 3, 4 and 5 of the
Immoral Traffic (Prevention) Act 1956. …Respondent
Appearance :Mr. Vaibhav Punekar, Ld.Advocate for Accused.
Mrs. Meera Choudhari-Bhosale, Ld. Addl.P.P. for Respondent/
State.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41)
DATED : 13TH MARCH, 2024
ORDER
01.

The application is filed by the accused under Section 439
of the Code of Criminal Procedure, 1973 in connection with C.R.
No.96/2023 registered with Govandi Police Station for the offence
punishable under Sections 370(3) r/w 34 of the Indian Penal Code,
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1860 and sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act,
1956.
02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that false and concocted FIR is filed. The
accused does not have any nexus in the commission of the offence.
He submitted that section 15 of PITA is not complied with and the
raid is void. He categorically submitted that the accused did not
force the victims in prostitution. He further submitted that the
accused did not secure any girls for prostitution and did not receive
any amount and was not living on the earnings of prostitution. The
co-accused Akash and Kirti are already granted bail. There are no
criminal antecedents against the accused. He is permanent resident
of Mumbai. The accused is ready to abide by all terms and
conditions imposed by the Court. He has prayed for grant of bail to
the accused.
04.

Per contra, Addl.P.P. submitted that the offence is
serious in nature. The investigation is complete. Charge-sheet is filed
against co-accused. The present accused is shown as absconding. If
the accused is granted bail, there is possibility that he will tamper
with prosecution evidence and witnesses. There is possibility that he
will abscond and not remain present for trial. If the accused is
granted bail, there is possibility of repetition of crime.
prayed for rejection of the bail application.

She has
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05.

Perused the record. FIR mentions that on 25/02/2023
raid was effected on Zeus Thai SPA. The accused has taken said
premises on Leave and License Agreement and running the SPA.
The money was seized, the condoms were seized. Four victims were
rescued. Investigation is complete. Charge-sheet is filed against the
co-accused. Ld. APP submitted that no further investigation has to
be carried out in respect of present accused.
06.

Statement of the victims under section 164 of the Code
of Criminal Procedure, 1973 are recorded. Order is passed in RA
15/2024 in C.R.No.96/2023 of Govandi Police Station i.e. present
C.R. Upon perusal of said order dated 18/03/2023 passed by the
Metropolitan Magistrate, 54th Court, Mazgaon, Mumbai for ITPA,
it is seen that it is mentioned in para 4 that- During the course of
inquiry, the victims have refused about having indulged into sex
work.
07.

Whether the raid is void as section 15 of PITA has not
been complied with is a question of evidence. Accused is arrested on
29/02/2024. Taking into consideration that during enquiry before the
Metropolitan Magistrate, it has come on record that no force or
coercion was detected by the present accused on the victim to engage
in prostitution. Further, all the victims are major. Statement of the
victims under section 164 of the Code of Criminal Procedure, 1973 is
recorded and spot panchanama is drawn. Mobile phone, notes are
seized. The investigation is complete. Charge-sheet is filed against
co-accused who are already granted bail. Case was registered and
committed to Sessions Court. The Sessions Case No.68/2024 is
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pending in present Court. No further investigation is to be carried
out in respect of present accused. The present accused cannot be
considered to be absconding as he was pursuing legal remedies
before the Hon’ble High Court and has withdrawn ABA 2296/2023
filed before the Hon’ble High Court on 18/8/2023. Accordingly,
continued incarceration of the accused is not required.
08.

The accused does not have any criminal antecedents and
is permanent resident of Mumbai. Thus, there is no possibility of
absconding or fleeing from justice. To facilitate investigation, the
accused is directed to attend the police station. To ensure that there
is no repetition of the offence, certain terms and condition can be
imposed upon her. To protect the victim, the accused is directed not
to contact victims directly or indirectly. For the aforesaid reasoning,
it is found fit to grant bail to the accused by imposing certain terms
and conditions. Hence, the orderORDER
1.

The Criminal Bail Application is allowed.

2.

The accused Krishnkumar Ramchandra Rajbhar be released on
bail in Crime No.96 of 2023 registered with Govandi Police
Station for the offence punishable under Sections 370(3) r/w 34
of the Indian Penal Code, 1860 and sections 3, 4 and 5 of the
Immoral Traffic (Prevention) Act, 1956 on executing P.R. Bond
of Rs.25,000/- with one or more surety/sureties in like amount,
on the following conditions :a) He shall attend Govandi Police Station on 1 st and 3rd
Saturday of every month from 10:00 a.m. to 11:00 a.m. till
the filing of the charge-sheet and thereafter, on the 1 st
Saturday of every month till conclusion of the trial.

b) He shall not leave the jurisdiction of Mumbai, without the
leave of this Court.

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c) He shall give him present address and telephone numbers
to the Investigating Officer as well as to this Court.

d) If there is change in the address, he shall inform the same
to the Investigating Officer as well as to this Court.

e) He shall not tamper or attempt to influence any person
concerned with the case.

f) He shall co-operate in the conduct of the trial.
g) If there is breach of any of the conditions as stated above,
the prosecution shall be at liberty to seek cancellation of
accused’s bail.

3.

Bail before the Ld. Metropolitan Magistrate’s Court.

Date: 13/03/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
14/03/2024
10:24 A.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
13/03/2024
ORDER signed by P.O. on
13/03/2024
ORDER uploaded on
14/03/2024