Bail can be granted when substantive evidence is lacking, especially in trafficking cases where delayed identification evidence's reliability is questioned.

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 offenses 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.

4. By way of supplementary charge-sheet the applicant has been added as accused. He has been arrested on 23.06.2023 and since then, he is behind the bar. The investigation is completed and charge-sheet is filed. The applicant had moved application seeking regular bail before the Sessions Judge in Special Case No.32/2023. However, learned sessions judge rejected his prayer vide order dated 02.08.2023.

5. Mr. Sharma, learned Advocate appearing for the applicant would submit that the applicant has been falsely implicated in the offence. The role attributed against the applicant is that victim was brought to Aurangabad by accused Akash and he forced her for the prostitution. To show the complicity of the applicant in commission of the offence, the result of test identification parade dated 03.07.2023 is relied, which is conducted after 10 days of the arrest of the applicant. He would submit that the test identification parade is not the substantive evidence, it can be used only as corroborative tool in support of substantive evidence on record. He would submit that the delay in conducting the test identification parade after arrest of the applicant further hampers the sanctity of such evidence. He would submit that in absence of convincing evidence on record, no case can made out against the applicant. Hence, urges to release the applicant on bail.

6. Mr. De