ISMAIL SHAIKH Vs. STATE OF GOA

JUDGEMENT

(1.) The applicants seek their release on bail by their applications under Sec. 439 CrPC coming up for dismissal today.

(2.) It was the applicants case that an offence was registered by the respondent no. 1 under Crime No. 131 of 2019 under Ss. 370, 376, 506(ii) r/w. 34 IPC, Sec. 8 of Goa Children's Act, Ss. 4, 8 and 12 of the POCSO Act and Ss. 3, 4, 5 and 7 of Immoral Trafficking (Prevention) Act. They have been arrested in the said crime and are in judicial custody after the initial remand to police custody. The applicants are permanent residents of the stated addresses and are residing with their family. The first applicant is self-employed, provides taxi services at the Airport and also renders taxi services for Goa Miles. He was placed under arrest after being picked up from his residence on 17/10/2019 at 19.43 hours and taken in custody. He was innocent, the sole earning member of the family and otherwise had not committed any offence. It was therefore a fit case to order his release on bail on such terms and conditions as may be imposed by this Hon'ble Court. The second applicant too carved a similar case of being placed under arrest on the night of 17/10/2019 upon his arrival at his residence. He too claimed that he was a law abiding citizen, innocent and the sole earning member of his family. He had not committed any offence and therefore, it was a fit case for grant of bail on such terms and conditions as may be imposed by this Hon'ble Court.

(3.) The State opposed the applications on the premise that the complainant had lodged a complaint at the Police Station prior to July 2019 and till date, the two applicants with two others acting in furtherance of their common intention and for their monetary benefits procured, lured and induced the minor victim girl into commercial sexual activities and provided her to various customers for money, which were arranged by them in a closed premises within the vicinity of public places. Furthermore, the applicants have also threatened the victim girl with dire consequences in case she refuses to go to the customers arranged by them giving rise to the registration of the offence under the earlier stated provisions of law. The applicants were placed under arrest on the evening of 17/10/2019 and the necessary investigation had been commenced in the case. The statement of the victim girl was recorded in the presence of NGO and which was found corroborating with the complaint. Moreover, her statement was also recorded under Sec. 164 CrPC by the JMFC, Vasco.