Asha Vaitir PITA Bail

 

IN THE COURT OF SPECIAL JUDGE THANE AT THANE Cri. Bail Application No.

/2016.

Mis.Asha Shivling Vaitir Age- 48 Years, occupation: Business. R/At post- Anjur,Taluka-Bhivandi,, Dist-Thane At present lodged at Thane Central Prison, Thane

…….Applicant.

V/s.  The State Of Maharashtra  Through Rabale Police Station, ( Vide their C. R. No. II 225/2016.)

 

…..Respondent.

Application for bail

 

Applicant U/s. 439 of the Code

Of Criminal Procedure, 1973 for  

Bail.

MAY IT PLEASE YOUR HONOUR. 1. The ap app plicant is an Indi ndian Nationals domiciled in the State Of  Maharashtra. The applicant was residing at the address given in the title along with her family members. The applicant is peace loving and law abiding citizen and have no serious criminal antecedents to her discredit, prior hereto. 2.

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3. The applic applicant ant states states and submit submits s that an offence offence was register registered ed vide C. R. No. No. II 225 225 of 2016 2016 with with Raba Rabale le Poli Police ce St Stat atio ion n for for Of Offe fence nces s unde underr se sect ctio ion n 3, 4, 5( 5(D) D) (1 (1)) of PI PITA TA r/ r/w. w. sec secti tion on 11 11(2 (2), ), 12 of Pr Prot otec ecti tion on of  Children From Sexual Offence Act, 2012 against applicant/accused on the complaint of Mr. Vivek Bhogoji Kathale who is police Constable who is wor workin king g in Crime Crime branch branch Navi Navi Mumbai Mumbai,, in res respec pectt of the incide incident nt occurred

on

14/07/2016

at

about

3.10pm.

Initially

t he

applic app licant/ ant/acc accused used was arrest arrested ed in the presen presentt crime crime was produc produced ed before this Hon’ble court and was initially remanded to police custody  and subsequently to judicial custody which was extended from time to time. There after charge came to be filed against the present applicant.

4. The brief brief facts facts of the case case as revealed revealed from from the FIR is is as follows follows : i)

It is the case of the prosecution that the complainant is a police constable working in a crime branch unit I who received information from a secret informant that on the alleged spot one unknown lady who using some ladies and one minor girl for the purpose of prostitution and allege place was utilise for the purpose of prostitution as a brothel and it is only  herr so he sour urce ce of in inco come. me. Afte Afterr re recei ceivin ving g th the e info inform rmat atio ion n comp compla lain inan antt deliver del ivered ed it to his senior senior officer officer and obtain obtain direct direction ions s to take a legal legal action. In that respect police machinery decided to conduct a raid and se sent nt a bogu bogus s cust custom omer er to th the e appl applic icant ant/ac /accu cuse sed d for for th the e purp purpos ose e of  prostitution where they decided to use some available currency notes for allege transaction between the applicant and bogus customer. During the allege raid allege raid some some curren currency cy notes notes was found found in pos posses sessio sion n of present present applicant apart from that no other any incriminating material was found in possession of applicant. Thereafter also the applicant was shown as conductor of said allege brothel. Accordingly, the offence was registered and applicant comes to be arrested in aforesaid crime.

5. The applicant applicant states states and submits submits that that they had had been falsely falsely implicated implicated in in th the e pr pres esent ent of offe fenc nce e at th the e in inst stanc ance e of th the e co comp mpla lain inan ant. t. Hence Hence,, th the e applicant, therefore approach this Hon’ble court in the exercise of its  jurisdiction under section 439 of the code of criminal procedure, 1973 and pray for being enlarged on bail in Rabale Police station in C. R. No.II 2

 

225/20 225 /2016 16 on the follow following ing amongs amongstt other other ground grounds, s, which which are urged urged without prejudice to one another.

GROUNDS a) That That the applican applicantt is being being falsely falsely implica implicated ted in the alleged alleged offe offence nce and has nothing to do with the same.

b) That there there is nothing nothing incrimina incriminating ting recovere recovered, d, discovered discovered or seized at at the instance of the present applicant.

c) That, on the perusal perusal of the the FIR it reflect reflects s that the the informati information on received received by  se secr cret et in info form rmant ant to co conc ncer ern n of offi ficer cer,, whic which h is agai against nst th the e unkn unknow own n person.

d) That, the the received informa information tion itself itself shows that, that, so called called prostituti prostitution on is running on given address i.e. at- Room No. 04, Plot No. 31, Sector 16, Airoli, the said property not belongs to applicant by way of title or not even in exclusive possession of present applicant. e) That That,, th the e pr prese esent nt appli applican cantt was was work workin ing g in busi busine ness ss of re real al estate estate in thane and bhivandi vicinity. The applicant was visited the spot regarding the transaction of allege property property .i.e buying/selling/ buying/selling/rental rental etc. And the allege all ege amount amount shown shown in posses possessio sion n of applic applicant ant which which was actual actually  ly  received as brokerage by victim no-2 mis. Mansi mukesh kale who is working in caterer business and victim no-1 Mis.Kajal suresh Jadhav was shown her colleague and they both wish to take the said property on rental basis for their business purpose. f)

That, That, the the applic applicant ant was was never never indulg indulge e in such type type of of activit activity y and also also there is no any type of previous criminal antecedents to discredit his application.

g) That That,, the the alle allege ge ra raid id was was co cond nduc ucte ted d with with frau fraudu dule lent nt inte intent ntio ion n and and without application of mind, there is no compliance of section 15 of The

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immoral Traffic (prevention) Act-1956 which was a mandatory and vital part of any Raid. h) That during during the the entire entire investigatio investigation n there is neither neither new recovery recovery nor new new discovery relates to the present offence.

i)

That That ,the ,the applic applicant ant is a lady lady who is is only only bread bread winner winner in his his family family and and and having son who is also a student ,it is very much difficult to survive without a mother.

 j)

That the investigation in the present case is over and continued detention of the present applicant is not warranted.

k) That That the the pr pres esen entt appl applic ican antt is perm perman anen entt re resi side dent nt of Bh Bhiw iwan andi di and and residing at the address given in the title along with his family.

l)

The The appl applic ican antt is re read ady y and and will willin ing g to co co-o -ope pera rate te with with the the poli police ce for for investigation, if any.

m) That the applicant applicant undertak undertakes es to abide by such terms and conditio conditions ns as this Hon’ble court may impose upon him while granting bail. n) The applic applicant ant craves craves leave leave of this Hon’ble Hon’ble court court to add, to alter alter and / or to rescind any of the grounds stated herein.

6. That the the applicant applicant had not prefer preferred red any other other applicatio application n or petition petition for for grant of bail prior hereto before this Hon’ble court or the Hon’ble High court of Judicature at Mumbai. 7. The The af affi fida davi vitt of the the appl applic ican antt may may ki kind ndly ly be di disp spen ense sed d with with as the the applicant is in judicial custody. 8. The appli applican cant, t, there therefor fore, e, pray pray that that :

a) That That this Hon’b Hon’ble le court court be pleased pleased to enlarg enlarge e th the e appl applic ican antt on bail of  suitable amount in C. R. No. II 225 of 2016 registered with the RABALE Police Station, on such terms and conditions as this Hon’ble Court may  deem just, fit and proper.

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b) Such other other and further further orders orders be passed passed in the interest interest of justice, justice, equity  equity  and fairness, as this Hon’ble court may deem just, fit and proper. AND FOR THIS ACT OF KINDNESS AND JUSTICE APPLICANT SHALL  EVER PRAY AS IN DUTY BOUND.

 Thane. Date :

Adv. For Applicant.

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