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 applicant is an Indian 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 applicant states and submits that an offence was registered vide C.
R. No. II 225 of 2016 with Rabale Police Station for Offences under
section 3, 4, 5(D) (1) of PITA r/w. section 11(2), 12 of Protection of
Children From Sexual Offence Act, 2012 against applicant/accused on
the complaint of Mr. Vivek Bhogoji Kathale who is police Constable who
is working in Crime branch Navi Mumbai, in respect of the incident
occurred on 14/07/2016 at about 3.10pm. Initially the
applicant/accused was arrested in the present crime was produced
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 facts of the case as revealed from the FIR is as 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
her source of income. After receiving the information complainant
delivered it to his senior officer and obtain directions to take a legal
action. In that respect police machinery decided to conduct a raid and
sent a bogus customer to the applicant/accused for the purpose of
prostitution where they decided to use some available currency notes for
allege transaction between the applicant and bogus customer. During the
allege raid some currency notes was found in possession of 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 states and submits that they had been falsely implicated in
the present offence at the instance of the complainant. Hence, the
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

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 225/2016 on the following amongst other grounds, which are urged
without prejudice to one another.

GROUNDS

a) That the applicant is being falsely implicated in the alleged offence and
has nothing to do with the same.

b) That there is nothing incriminating recovered, discovered or seized at the

instance of the present applicant.

c) That, on the perusal of the FIR it reflects that the information received by
secret informant to concern officer, which is against the unknown
person.

d) That, the received information itself shows that, so called prostitution 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, the present applicant was working in business of real estate in

thane and bhivandi vicinity. The applicant was visited the spot regarding
the transaction of allege property .i.e buying/selling/rental etc. And the
allege amount shown in possession of applicant which was actually
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, the applicant was never indulge in such type of activity and also
there is no any type of previous criminal antecedents to discredit his
application.

g) That, the allege raid was conducted with fraudulent intention 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 the entire investigation there is neither new recovery nor new
discovery relates to the present offence.

i) That ,the applicant is a lady who is only bread winner in his family 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 the present applicant is permanent resident of Bhiwandi and

residing at the address given in the title along with his family.

l) The applicant is ready and willing to co-operate with the police for
investigation, if any.

m) That the applicant undertakes to abide by such terms and conditions as

this Hon’ble court may impose upon him while granting bail.

n) The applicant craves leave of this Hon’ble court to add, to alter and / or
to rescind any of the grounds stated herein.

6. That the applicant had not preferred any other application or petition for
grant of bail prior hereto before this Hon’ble court or the Hon’ble High
court of Judicature at Mumbai.
7. The affidavit of the applicant may kindly be dispensed with as the
applicant is in judicial custody.
8. The applicant, therefore, pray that :

a) That this Hon’ble court be pleased to enlarge the applicant 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 and further orders be passed in the interest of justice, 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.