AMIR AZHAR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are arrested in connection with CR No. 103 of 2018 registered with Versova Police Station for the offence punishable under Section 370 read with Section 34 of Indian Penal Code. Applicant in bail application No. 2116 of 2018 was arrested on 4th March, 2018 where as applicant in bail application 2462 of 2018 was arrested on 10th August, 2018. Investigation is completed and chargesheet has been filed.

(2.) The case of the prosecution case is that on 4th March, 2018. the complainant Bharat Shivaji Debre PSI attached to Versova Police Station has lodged the First Information Report. It is alleged that information was received from the police control room that some suspected person indulging in human trafficking are present at Shringar Saloon, Yari Road, Versova, Mumbai. Informant went to the said spot and met Smt Sood who had provided the information to the police control room. After the police reached the spot, she pointed out two minor girls and other accused person who were present at the saloon in a suspicious circumstances. Inquiry was made with the minor girls who gave their names and stated that they have come from Ahmedabad alongwith their relatives. It is also alleged that they were supposed to travel to USA to meet their parents for which were making arrangement to facilitate their travel to USA. It is further alleged that minor girls were planning to travel on the passport of other girls by impersonating them. The applicants and other accused were supposed to assist them by charging huge fees and allegedly committed the offence of human trafficking. On completing the investigation, the chargesheet has been filed against both the applicants.

(3.) It is contended by the learned advocate for the applicant that no offence is committed by the accused. Taking the prosecution case as it is at the most it could be said that there was a preparation to commit the offence. The prosecution case is that before the girls could travel abroad by impersonation they were intercepted alongwith others. Thus, no offence is made out against the applicants. It is further submitted that Section 370 of Indian Penal Code is not attracted in this case. Applicant in bail application No. 2462 of 2018 has filed a Criminal Writ Petition No. 2822 of 2018 before the Division Bench for challenging the First Information Report, wherein grandfather and father of one of the girl have filed affidavit and supported the prayers made by the said accused seeking quashing the First Information Report. It is further submitted that admittedly girls were supposed to travel abroad to meet their parents. It is not the case of the prosecution that girls were supposed to travel for any unlawful activities. It is therefore submitted that applicants be released on bail. It is further submitted that co accused Rizwan Ibrahim Chhotani and Afzal Ibrahim Shaikh have been granted bail by this Court.