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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 23 OF 2022

Umesh S/o. Dinkar Mhaske

Vs.

State of Maharashtra

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Office Notes, Office Memoranda of

Court'

s or Judge'

s Order

Coram, appearances, Court'

s Orders

or directions and Registrar'

s order

Shri V. R. Deshpande, Advocate for applicant.

Shri M. J. Khan, APP for non-applicant/State.

CORAM :- SURENDRA P. TAVADE, J.

DATED :- 25.01.2022

This is an application for grant of pre-arrest

bail in Crime No. 763/2021 registered with Police Station

Khadan, Akola for the offense punishable under Sections

3, 4, 5 and 9 of the Immoral Traffic (Prevention) Act,

1956 read with Section 4, 5(1) and 6 of the POCSO Act

and Sections 370, 376(3), 370(a), 366(a) and 34 of the

Indian Penal Code.

2.

The applicant had applied before this Court

for pre-arrest bail by making Criminal Application (ABA)

No. 410/2021 and initially interim protection was

granted to him but, subsequently he withdrew the

application and therefore, the said application is disposed

of as withdrawn on 22.11.2021.

3.

Police Inspector of Special Squad of

Superintendent of Police Office, Akola has lodged report

on 17.06.2021. It is alleged that the Special Squad of S.P.

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Office, Akola had received information that the applicant

and one Rushali Girhe were running brothel in the house

at Flat No. 204, Sai Residency, Malkapur, Dist. Akola.

Hence, the informant- the Special Squad decided to raid

the said flat. It was decided to send bogus customer to

the said flat. Accordingly, on 17.06.2021 at about 6 p.m.,

the bogus customer was sent to the flat and the raiding

party members reached nearby the spot. The bogus

customer met Rushali Girhe and had a discussion

regarding availalibility of girls for prostitution. At that

time, two ladies were sitting in the room. Rushali Girhe

demanded 2000/- from the bogus customer for having

sexual intercourse with the girls. Accordingly, the bogus

customer paid 2,000/- by way of five government

currency notes of 500/- each and then gave pre-

determined signal to the raiding party members.

4.

Accordingly, raiding party members rushed

to the spot and they apprehended the accused persons.

Two girls were found in the premises alongwith Rushali

Girhe and all of them were apprehended. After the

investigation, it was found that one girl was minor. Her

statement was recorded wherein she disclosed to the

informant about the acts of the present applicant. It was

revealed in the investigation that the applicant was

owner of the premises where prostitution was going on.

It is alleged against the applicant that he alongwith

Rushali Girhe took obscene photographs of the victim girl

and forced her to do prostitution for about 7 months. On

the basis of the said statement, the provisions of Sections

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370, 376(3), 370(a), 366(a) and 34 of the Indian Penal

Code were added.

5.

Learned counsel for the applicant submits

that the applicant is no way concerned with the said

premises. The applicant was not present at the time of

raid. Rushali Girhe was concerned with the alleged

business of prostitution. The applicant had no role in the

alleged incident therefore, he prayed for pre-arrest bail.

It is contended that nothing is to be seized at the instance

of the applicant. He has fixed place of resident and

therefore, there is no possibility of his absconding. It is

also contended that the investigation is completed. The

main accused Rushali Girhe is released on bail and

therefore, the applicant prayed for grant of bail.

6.

The application is objected by the

prosecution by filing reply, wherein the story of the

prosecution is narrated. It is contended that the

applicant was having illicit relationship with Rushali

Girhe and both