Bombay High Court
Ashish S/O Chandrabhushan Masih vs State Of Maharashtra Through Sdpo, ... on 29 April, 2025
2025:BHC-NAG:4699
933.apeal.153.2025.Judgment.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO.153 OF 2025
Ashish s/o Chandrabhushan Masih,
Aged : 39 Years, Occupation: Employed,
Resident of 62 Maharana Nagar - 1,
Zingabai Takali, Mankapur,
Nagpur. ..... APPELLANT
// VERSUS //
1. State of Maharashtra,
through SDPO Veltur Police Station,
Taluka Kuhi, Nagpur Rural,
Nagpur 441210.
2. XYZ, victim Crime No.114/2024
through PSO Velture,
Velture, Taluka Kuhi,
Nagpur 441210 Maharashtra. .... RESPONDENTS
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Mr. N. B. Rathod, Counsel for the appellant.
Mr. C. A. Lokhande, APP for the respondent No.1 /State.
Mr. Rupesh Dhengre, Counsel for the respondent No.2.
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CORAM : URMILA JOSHI-PHALKE, J.
DATED : 29.04.2025
ORAL JUDGMENT :
1. Heard.
2. Admit.
3. By challenging the order dated 04.10.2024 passed by
the learned Special Judge and Additional Sessions Judge-13, Nagpur
in Criminal Bail Application No.2413/2024 below Exh.1, rejecting
the application of the present appellant for grant of anticipatory
933.apeal.153.2025.Judgment.odt
bail, the present appeal is preferred for grant of anticipatory bail
and for setting aside and quashing the order passed by the learned
Special Court.
4. The crime is registered against the present appellant on
the basis of report lodged by the informant Jaypalsingh Mirase on
an allegation that on 17.07.2024 police effected the raid at hotel
'You and Me Lodging Boarding Restaurant', there they found that
the prostitution business was being conducted therein. The police
arrested the co-accused Vijay Meshram from the said hotel and also
recorded the statement of the victim, who narrated that the
co-accused inducted her in the work of prostitution. She further
stated that one another person has also subjected her for the
sexual intercourse. On the basis of the said report, police have
registered the crime and the appellant is apprehending the arrest at
the hands of police as she has alleged that she was subjected for
the sexual assault by the person whose name is unknown to her,
but who came along with the said Vijay.
5. Heard learned Counsel Mr. Rathod for the appellant,
who submitted that the appellant is connected with the Freedom
Firm, of which he is involved in rescuing the victims, who are
indulge in the prostitution business, and during the inquiry, it
revealed to the present appellant that the victim is involved in the
prostitution and she is minor, and therefore, he conducted the
933.apeal.153.2025.Judgment.odt
inquiry. After conducting the inquiry, he informed the said incident
to NGO as well as the Superintendent of Police and on the basis of
his information, the raid was conducted and the victim was rescued.
But subsequent to the conducting the raid, the victim has made
allegation against the present appellant, and therefore, he
approached to the Special Court for grant of bail in the event of his
arrest. He submitted that as far as the name of the present
appellant is concerned, which is not narrated by the victim neither
she narrated the location, but as the police are behind the appellant
to arrest him, he approached to the Special Court for grant of bail,
the same was rejected and hence, the appeal. He invited my
attention towards the various communications made by him to the
Freedom Firm as well as the inquiry conducted by him with the
victim and the letter issued to the Superintendent of Police, Nagpur.
6. Learned APP and learned Counsel for the respondent
No.2 - victim strongly opposed for the same on the ground that the
victim was indulged in prostitution on the insistence of the
co-accused Vijay and the present appellant has also allegedly
subjected her for forceful sexual assault, and therefore, his
custodial interrogation is required. Learned APP further submitted
that the appellant though served with notice, he has not attended
the Police Station and not cooperated with the investigating agency,
933.apeal.153.2025.Judgment.odt
and therefore, the prayer for grant of anticipatory bail deserves to
be rejected.
7. The reply filed by the victim clarifies that she was not
subjected for the sexual assault by the present appellant and she
has raised no objection to release the present appellant on bail.
8. On hearing both sides and on perusal of the
investigation papers, it reveals that a Non Governmental
Organization (NGO) namely "Freedom Firm" as an Administrator
cum Investigator, who involved in rescuing the victim, who are
indulged in the prostitution. The documents on record sufficiently
shows that the present appellant was working for the said Freedom
Firm. The communication dated 06.09.2017 also discloses the
association of the present appellant with the said Freedom Firm.
The document on record further shows that the present appellant
has communicated with victim and tried to investigate how she
entered into the prostitution and after the said inquiry, he issued a
letter to the Superintend of Police that victim is indulged in the
prostitution vide letter dated 17.07.2024 and thereafter the raid
was conducted. During the raid, victim was found along with the
dummy person and it revealed that she is indulged in the activity
like the prostitution. After conducting the raid, her statement was
recorded. Initially, she has not narrated any role to the present
appellant, but in her subsequent statement, she stated that the
933.apeal.153.2025.Judgment.odt
person who came along with the co-accused Vijay has also
subjected her for the forceful sexual assault. Thus, the allegation is
made against the present appellant though his name is not
mentioned. Even accepting the said statement, she has neither
described the said person and also not given the description by
mentioning that the person was the same person who has inquired
with her prior to the raid. Her statement also nowhere discloses that
the present appellant was knowing that she belongs to the
Scheduled Caste or the Scheduled Tribe.
9. Considering the entire investigation and the documents
on record, which sufficiently shows the association of the present
appellant with the Freedom Firm. It also reveals that he has
inquired with the victim as to her involvement and that may be a
reason to implicate him in the alleged offence. At this stage it
would not be appropriate to comment on the merit of the case, but
considering the entire investigation papers, at this stage, the
involvement of the present appellant appears to be doubtful, and
therefore, the appellant has made out a case for grant of
anticipatory bail. In view of that the appeal deserves to be allowed.
Accordingly, I proceed to pass following order:
ORDER
(i) The appeal is allowed.
933.apeal.153.2025.Judgment.odt
(ii) The appellant Ashish s/o Chandrabhushan Masih
shall be released on anticipatory bail in connection with Crime
No.114/2024 registered with Veltur Police Station, District
Nagpur for the offence punishable under Sections 3, 4 and 5 of
the Immoral Traffic (Prevention) Act, under Sections 143,
143(4), 70(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
under Section 4, 6 and 17 of the Protection of Children from
Sexual of Offences Act and under Sections 4 and 5 of the
Juvenile Justice (Care and Protection of Children) Act and
under Sections 3(1)(w)(i)(ii), 3(2)(v) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, on
executing PR Bond in the sum of Rs.25,000/- with one solvent
in the like amount.
(iii) The order dated 04.10.2024 passed by the learned
Special Judge and Additional Sessions Judge-13, Nagpur in
Criminal Bail Application No.2413/2024 below Exh.1, rejecting
the bail application of the present appellant is hereby quashed
and set aside.
(iv) The appellant shall attend the concerned Police Station
twice in a week on Monday and Thursday between 10.00 a.m.
to 1.00 p.m. and shall cooperate with the investigating agency.
(v) The appellant shall not leave the jurisdiction of the
Nagpur District without prior permission of the Special Court
Nagpur.
(vi) The appellant shall not induce, threat or promise any
witnesses who are acquainted with the facts of the case.
The appeal is disposed of.
(URMILA JOSHI-PHALKE, J.)
Sarkate.
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 05/05/2025 18:57:17
