VRUSHABH BHAGVAT JAISWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this Application, the Applicant seeks his enlargement on bail in connection with C. R. No. 194 of 2018 registered with the Nagpada Police Station, Mumbai, for the alleged offences punishable under Sections 370(1), 511 r/w 34 of the Indian Penal Code and under Section 5(1) of the Immoral Traffic (Prevention) Act.

(3.) Perused the papers, in particular the statement of the rescued girl, aged 21 years. According to the prosecution, the Applicant alongwith co-accused - Sarfaraj had taken the victim girl, aged 21 to a hotel for prostitution. According to the police, on receipt of a secret information, that two persons were coming to Kamathipura lane to sell a girl for a flesh trade, a raid was conducted and the Applicant and co-accused - Sarfaraj were arrested and the victim girl was rescued. A perusal of the statement of the victim girl shows that on 05.04.2018, she was alongwith the Applicant at Kalyan. She has alleged that co-accused - Sarfaraj came there, pursuant to which they chatted. She has further stated that thereafter, the Applicant stated that he had a friend in Mumbai and that they should go to meet her. She has further stated that as the Applicant wanted to meet his friend in Mumbai, they came to Kamathipura. She has further stated that when she was waiting with co- accused - Sarfaraj, the Applicant went to call his friend who was in Kamathipura lane. She has further stated that she saw the Applicant making enquiries with certain people. She has further stated that thereafter, the Applicant went to a hotel and thereafter, returned. Pursuant to which the police came and took the Applicant and Sarfaraj. Admittedly, co-accused - Sarfaraj has been enlarged on bail. Learned counsel for the Applicant has tendered an Affidavit of the Applicant. The same is taken on record and marked as "X" for identification. In the said Affidavit, the Applicant has undertaken not to contact the victim girl. He has also undertaken not to enter the jurisdiction / area, where the victim girl resides and also undertaken to remain present before the trial Court on every date. The Applicant is in custody since 06.04.2018. Investigation is complete and charge-sheet is filed. The Applicant has no antecedents.