The Court of Sessions for Greater Bombay has granted regular bail to Krishnkumar Ramchandra Rajbhar, a businessman and owner of a spa, who was booked under the Immoral Traffic (Prevention) Act, 1956 (ITPA) and Section 370(3) of the IPC (Trafficking of Persons). H.H. Additional Sessions Judge Dr. Gauri Kawdikar (Court Room No. 41), in an order dated March 13, 2024, in Criminal Bail Application No. 619 of 2024, ruled that the applicant’s continued custody was unnecessary. The decision was significantly influenced by a prior finding by the Metropolitan Magistrate that the rescued victims had refused to confirm they indulged in sex work during the inquiry. Furthermore, the Court noted that the investigation was complete, the charge-sheet was filed against co-accused, and the applicant had no criminal antecedents.
Case Background and Allegations
The applicant was arrested in connection with C.R. No. 96/2023 registered with Govandi Police Station. The charges included Sections 370(3) read with 34 of the Indian Penal Code and Sections 3, 4, and 5 of the ITPA.
- The Incident: The case involved a raid conducted on “Zeus Thai SPA” on February 25, 2023, which the applicant had taken on a Leave and License Agreement.
- Evidence: During the raid, four victims were rescued, and money and condoms were seized from the premises.
- Applicant’s Role: The applicant was identified as the one who had taken the premises on license to run the SPA. He was later shown as absconding until his arrest on February 29, 2024.
The Crucial Judicial Inquiry Finding
The defense, led by Ld. Advocate Mr. Vaibhav Punekar, argued that the raid was void due to non-compliance with Section 15 of PITA (a question of evidence for trial), and that the accused had neither forced nor received earnings from prostitution. Crucially, the defense emphasized the bail granted to co-accused Akash and Kirti and the lack of criminal antecedents.
The Court’s analysis revealed a key development that substantially weakened the prosecution’s prima facie case:
- Metropolitan Magistrate’s Order: The Sessions Judge reviewed an earlier order passed by the Metropolitan Magistrate, 54th Court, Mazgaon, related to the same CR. This order, dated March 18, 2023, specifically mentioned that “During the course of inquiry, the victims have refused about having indulged into sex work.”
The Sessions Judge determined that since the magisterial inquiry, prior to the filing of the charge-sheet, indicated that no force or coercion was detected and the victims refuted engaging in the alleged sex work, the core criminal activity under the ITPA and Section 370 IPC was thrown into doubt.
Reasons for Granting Bail
In addition to the magisterial finding, the Court considered multiple factors that favored the applicant’s release:
- Investigation Status: The investigation was complete, and the charge-sheet had already been filed against co-accused. The Ld. APP conceded that “no further investigation has to be carried out in respect of present accused.”
- Parity: The co-accused were already granted bail.
- Absconding Status Cleared: The prosecution’s contention that the applicant was absconding was dismissed, as the applicant was shown to have been pursuing legal remedies, having withdrawn his Anticipatory Bail Application (ABA) from the High Court just months before his arrest.
- No Criminal Antecedents: The applicant had no prior criminal record and was a permanent resident of Mumbai.
The Court concluded that since the case was now committed to the Sessions Court (Sessions Case No. 68/2024 is pending), and all essential evidence (victims’ Section 164 statements, panchanama, seizures) was recorded, the continued incarceration of the accused was not required.
Conditions Imposed for Release
The Criminal Bail Application No. 619 of 2024 was allowed. Krishnkumar Ramchandra Rajbhar was released on bail upon executing a P.R. Bond of ₹25,000/- with one or more sureties in the like amount, subject to the following stringent conditions:
- Police Station Attendance: He shall attend Govandi Police Station on the 1st and 3rd Saturday of every month (10:00 a.m. to 11:00 a.m.) till the filing of the charge-sheet (if not already done against him) and thereafter on the 1st Saturday of every month until the conclusion of the trial.
- Jurisdiction: He shall not leave the jurisdiction of Mumbai without the leave of the Court.
- Victim Protection: He is strictly ordered not to tamper or attempt to influence any person concerned with the case, specifically the victims.
This order emphasizes the judiciary’s reliance on facts established during mandatory judicial inquiries, even when these findings contradict the initial police report, thereby ensuring that liberty is not curtailed where the primary allegations lack substantiation.