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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.3717 OF 2021

Dipak @ Kumar Umashankar Tiwari

Applicant

versus

Union of India and another

Respondents

Ms.Pooja Agarwal with Mr.Prakash Chavan i/by Mr.Akshay Badve,

Advocate for applicant.

Ms.Keral Mehta, Advocate for respondent no.2.

Mr.H.S.Venegavkar, Special P.P. with Mr.Kamran Ali Shaikh, for UOI.

Mr.M.G.Patil, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 6^th October 2022

PC :

1.

The applicant is seeking bail in CR No.68 of 2020 registered

with Nani Daman Police Station on 23^rd July 2020 for offences under

Sections 370, 370-A, 376, 506, 120-B r/w 34 of IPC and u/s.4, 5 of

Immoral Trafficking (Prevention) Act, 1956 and Sections 6 and 17 of

Protection of Children from Sexual Offences Act, 2012. The

applicant was arrested on 26^th July 2020.

2.

The case of prosecution is that the victim girl is aged around

16 years hails from Bangladesh. Her friend induced her and brought

her to Kolkata. Thereafter she was kept there and some unknown

person brought her to Daman. The accused namely Bobby

introduced the victim to another accused Kiran Patel @ Chhotu who

forced the victim into prostitution. The applicant is working with co-

accused Kiran Patel @ Chhotu and used to take the victim to

customers. The victim managed to save herself and approached

MANISH

SURESH

THATTE

Digitally signed by

MANISH SURESH

THATTE

Date: 2022.10.11

09:53:01 +0530

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police and lodged complaint. Other victims could not be traced out.

3.

The contention of applicant is that he is not the main accused

and he used to act on the instructions of other accused. Accused

Kiran Jadeja was granted bail. The applicant is in custody for a

period of two years. The applicant had no knowledge that the victim

was minor. There is no progress in trial.

4.

Learned counsel for respondent no.1 submitted that victim is

minor. The applicant is assigned role of taking the victim to

customers. He has participated in the crime. The co-accused who

was arrested and granted bail, had threatened the victim and FIR has

been registered.

5.

Learned counsel for respondent no.2 submitted that the

offences are made out against applicant. The applicant has played

vital role in the crime. The victim is minor. In the event bail is

granted to the applicant, there is every likelihood that he would

tamper with evidence.

6.

There is no document on record relating to the age of victim,

such as, birth certificate or or school record etc. However,

prosecution is relying upon test conducted by Government Hospital,

Daman to determine her age. The report dated 28^th July 2020

indicate that the victim was examined by radiological test and

opinion was obtained. On the basis of examination age of the victim

girl stated to be more than 16 years and less than 18 years. There is

debate about exact age of the victim girl. The applicant is in jail for

a period of 2 years. Further detention is not necessary.

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ORDER

(i)

Bail Application is allowed and disposed off;

(ii) The applicant is directed to be released on bail in connection

with C.R.No.68 of 2020 registered wit Nani Daman Police Station, on

executing P.R bond in the sum of Rs.25,000/- with one or more

sureties in the like amount;

(iii) The applicant is permitted to furnish cash bail in the sum of

Rs.25,000/- for eight weeks;

(iv) The applicant shall report Nani Daman Police Station once in a

month on every first Saturday between 11 am and 1 pm till further

orders;

(v)

The applicant shall not tamper with evidence and shall not

threaten the victim or any other witnesses.

(PRAKASH D. NAIK, J.)

MS