MHCC020062292024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1001 OF 2024
(C.R.NO.225/2024)
Miss Aditi Pravin Chalke
Age 21 Years, Occupation: Student,
Residing at Room No.2725,
Chawl No.172, Group No.8A,
Tagore Nagar, Vikhroli (E),
Mumbai 400 083.

..Applicant/Accused
V/s.
The State of Maharashtra
Through Pant Nagar Police Station
…Respondent
Appearance :Mr. P.R.Salve, Ld.Advocate for Accused.
Mrs. Meera Choudhari-Bhosale, Ld.A.P.P. for Respondent/ State.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 41)
DATED : 3RD MAY, 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.225/2024 registered with Pant Nagar Police Station for the
offence punishable under Sections 370(A) and 370(3) of the Indian
Penal Code, 1860 and sections 4 and 5 of the Immoral Traffic
(Prevention) Act, 1956.

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02.

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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 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. There are no criminal
antecedents against the accused. She 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 at a preliminary stage. If the
accused is granted bail, there is possibility that she will tamper with
prosecution evidence and witnesses. There is possibility that she will
abscond and not remain present for trial. If the accused is granted
bail, there is possibility of repetition of crime. She has prayed for
rejection of the bail application.
05.

Perused the record. FIR mentions that on 6/04/2024
secret information was received by PI Kalpana Jadhav that some
women on calling on number 9326740701 is providing girls for
prostitution. Two panchas and one dummy customer was called.
The dummy customer called from mobile No.9773577894 to
9326740701. The girl told her name as Aditi. She demanded the
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amount of Rs.25,000/- for providing girl for sexual relations and her
commission of Rs.5,000/-.
customer.

She sent 4 photos to the dummy
They decided to meet at Monica Bar and Family
Restaurant, Ghatkopar. The dummy customer went there, met the
accused Aditi and 4 girls for sexual relations. Raid was effected and
four victims were rescued. Amount, mobile phone of accused were
seized. FIR is lodged on 06/04/2024.
06.

Statement of the victims under section 164 of the Code
of Criminal Procedure, 1973 are recorded. Order is passed in RA
18/2024 in C.R.No.225/2025 of Pant Nagar Police Station i.e.
present C.R. Upon perusal of said order dated 26/04/2024 passed by
the Metropolitan Magistrate, 54th Court, Mazgaon, Mumbai for
ITPA, it is seen that it is mentioned in para 4 thatDuring the inquiry any sort of force or coercion not detected
regarding sex work done by the said victims. It also appeared
that her involvement in the sex work is voluntarily.
07.

Statement under section 164 of the Code of Criminal
Procedure, 1973 is recorded by Metropolitan Magistrate and enquiry
under section 17 of the PITA is also done by the Metropolitan
Magistrate. Instead of checking the veracity of the statement of the
victim, at this stage, it is seen whether continued incarceration of the
accused is required or not.
08.

Accused is arrested on 06/04/2024. Taking into
consideration
that
during
inquiry
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
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victim under section 164 of the Code of Criminal Procedure, 1973
and spot panchanama is drawn. Mobile phone, notes are seized.
Accordingly, continued incarceration of the accused is not required.
09.

The accused does not have any criminal antecedents and
is permanent resident of Mumbai. 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 victims, 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 Aditi Pravin Chalke be released on bail in
Crime No.225 of 2024 registered with Pant Nagar Police
Station for the offence punishable under Sections 370 (A)
and 370(3) of the Indian Penal Code, 1860 and sections 4
and 5 of the Immoral Traffic (Prevention) Act, 1956 on
executing P.R. Bond of Rs.25,000/- with one or more
sureties in like amount, on the following conditions :a) She shall attend Pant Nagar Police Station on 1st
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 1st Saturday of every month till
conclusion of the trial.

b) She shall not commit any offence in future.
c) She shall not leave the jurisdiction of Mumbai or
go abroad, without the leave of this Court.

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d) She shall furnish her permanent and temporary
address, if any, and her contact details to the
concerned police station.

e) She shall not contact the victims or their
family members directly or indirectly by any
means.

f) She shall not change her residential address
without prior intimation to the Investigation
Officer and to the concerned Court.

g) If there is breach of any of the conditions the
prosecution is at liberty to seek cancellation of
bail.

3.

Bail before the Ld. Metropolitan Magistrate’s Court.

Date: 03/05/2024
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
03/05/2024
06:19 P.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
03/05/2024
ORDER signed by P.O. on
03/05/2024
ORDER uploaded on
03/05/2024