The court ruled that mere assumptions without substantial evidence cannot justify continued detention for serious trafficking charges, leading to the grant of bail.

ORDER:-

1. The applicant seeks regular bail in connection with Crime No.322/2023 dated 06.05.2023 registered with Shirdi Police Station, Dist. Ahmednagar for the offences punishable under Sections 3 66 (A), 370, 366 (B), 372, 373, 376, 328 of the Indian Penal Code and Sections 3 , 4, 5, 7 and 8 of the Prevention of Immoral Trafficking Act, 1956 (for short ‘PITA, 1956’) as well as Sections 4 , 8 and 12 of the POCSO Act .

2. The investigation was set in motion on the basis of the information given by Smt. Sushma Vasant Jadhav, serving as Police Constable at Newasa. She reports that the Police Inspector, Shri. Rajendra Ingale, in pursuance of directions of the S.D.P.O., Shri. Sandeep Mitke informed that prostitution is going on at SP Lodge within the jurisdiction of the Shirdi Police Station and instructed to take immediate action. In view of the aforesaid instruction, raid was arranged. The team of police officers, panch and decoy customer was formed. They raided at SP Lodge after signal from decoy customer. Accused Sachin Aher and Suraj Latke were found at the counter. They had received the amount offered by the decoy customer. On further search of the premises, three ladies including minor victim were found engaged in the prostitution. Accordingly, FIR was registered for the offences punishable under Sections 3 66(A), 370 of the Indian Penal Code and Sections 3 , 4, 5, 7 and 8 of the PITA. The accused were arrested on the spot.

3. The investigation progressed. The statement of the minor victim was recorded. She disclosed that she is brought from Bangladesh and forced to engage in prostitution. During further investigation, she narrated details of various places, where she was subjected to prostitution. The statement of the victim dated 29.05.2023 recorded under Section 164 of the Criminal Procedure Code before the learned Judicial Magistrate First Class, Rahata shows that from 09.11.2022 victim was made to travel at various places. Initially, she was brought to Bombay. Thereafter, on 08.01.2023 she was taken to Nashik, where she was victimized to the prostitution. Thereafter, accused Akash took her to the Jalgaon, Dhule, Aurangabad, Pune and Shirdi. However, statement sans the details of the persons, victimized her to the prostitution or the places. By way of supplementary charge-sheet the applicants have been added as accused. They have been arrested on 23.06.2023 and since then, they are behind the bar. The investigation is completed and charge-sheet is filed. The applicants had filed the application seeking regular bail before the Sessions Judge in Special Case No.32/2023. However, application came to be rejected vide order dated 02.08.2023.

4. Mr. Gandhi, learned Advocate appearing for the applicants would submit that the applicants are not named in the FIR. Even the statement of the victim recorded under Section 164 of the Criminal Procedure Code does not record any specific allegation. It only mentions that the victim was brought to the Pune, where she stayed with the applicants for a period of one month. The statement simply discloses the name of one Sonakshi without further details. The test identification parade is not carried. The investigation in the matter is complete. The charge- sheet is filed. The applicants are behind the bar from 20.06.2023. Hence, he urges to release the applicants on bail.

5. Mr. Deshmukh, the learned APP opposes the prayer for grant of bail. He would submit that the statement of the victim recorded on 16.05.2023 specifically names the applicants. He would further submit that the victim identified the applicants at the time of recording spot panchanama at the flat. He would further submit that the statement of the