41. BA 1684 - 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

Bail Application No. 1684 / 2021

Sanjay Chhetelal Singh and Ors.

.. Applicants

Vs.

The State of Maharashtra

.. Respondent

****

Mr. Jagdish S. Hegde, Advocate for Applicant.

Mrs. M.M. Deshmukh, APP for State.

Mr. Shriram Bhosale, P.S.I., Kasturba Marg Police Station, Mumbai.

****

CORAM : SANDEEP K. SHINDE J.

DATE

: 2^nd JUNE, 2021.

VACATION COURT (Through Video Conference)

P.C. : -

Heard.

1.

It is an application for bail in connection with Crime No. 163 /

2021 registered with Kasturba Marg Police Station for the offences

punishable under Sections 308, 294, 114, 188, 269, 270 read with

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34 of the Indian Penal Code, 1860; Section 8 (4) (5) (6) of the

Maharashtra Prohibition of Obscene Dance in Hotel, Restaurants and

Bar Rooms and Protection of Dignity of Women (Working therein)

Act, 2016 and under Section 51 (b) of the National Disaster

Management Act, 2005.

2.

It is prosecution case that on 27^th March, 2021, the

establishment by name ‘

Parkside Bar and Restaurant’ was raided by

the Respondents. It is alleged in the guise of singing musical

orchestra, the waitress were exhibiting and indulging into the

obscene and indecent acts. The Raiding Party conducted the search,

whereupon female bar dancers were found hiding in inhuman

condition in a room which had no ventilators. The investigation

revealed Mr. Mishra was owner of the establishment and applicants

are employees’ of Mr. Mishra. Since they were present on the

establishment, they were arrested on 28^th March, 2021. Besides

other employees in all fifteen persons, were arrested. It is submitted

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41. BA 1684 - 2021.doc

except the Applicants, all have been granted bail by the learned

Magistrate. It is submitted that the Investigation in this case is over

and the charge-sheet has been filed.

3.

It may be stated that the owner of the establishment Mr.

Mishra is absconding and his whereabout are not known.

Investigating Officer is present in the Court. On his instructions, it is

submitted that the establishment is sealed and not functioning.

Investigation is over and charge-sheet has been filed.

4.

In consideration of the facts of the case and particularly that

the Applicants being employees’ working in the establishment and

co-accused have been granted on the bail and since investigation is

over and a fact that the trial may not commence in the near future, in

my view a case is made out for releasing the Applicants on the bail

and hence the following order.

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41. BA 1684 - 2021.doc

O R D E R

(i). The Applicants are directed to be released on bail in connection

with Crime No. 163 / 2021 registered with Kasturba Marg Police

Station, on executing P.R. bond in the sum of Rs. 20,000/- (Rupees

Twenty Thousand Only) each with one or two sureties in the like

amount.

(ii). The Applicants shall furnish particulars of the their permanent

residential address and contact details to the Investigating Officer

forthwith.

(iii).The Applicants shall join the investigation as and when called.

(iv).The Applicants shall not tamper with the evidence or attempt

to influence or contact the complainant, witnesses or any person

concerned with the case.

5.

Application is allowed and disposed of.

(SANDEEP K. SHINDE, J.)

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