1 criapln4173-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4173 OF 2011 Pradip Rupchand Muswat .. Applicant Versus The State of Maharashtra ..Respondent .... Shri N.B.Narwade,Advocate for applicant. Shri B.V.Wagh,APP for State. .... CORAM : T.V.NALAWADE, J. DATE : 12th October 2011 PER COURT 1] This application is filed for bail in Crime No.7/11 registered in Shevgaon police station, Dist. Ahmednagar for offences punishable under Sections 373, 366(A), and 376 of I.P.C. and U/s 3,4,5 and 7-B and 8 of the Prevention of Immoral Traffic Act, 1956 [PITA for short] . The papers of investigation were made available by learned APP. Both sides are heard. 2] In the previous application filed for anticipatory bail, ad-interim protection was granted to the applicant but he came to be arrested in other similar crime subsequently and so, at present, the applicant is behind bars in Crime No.7/11 and few more crimes which are similar in nature. 2 criapln4173-11.odt 3] The crime is registered on the basis of report given by P.S.I. Pratibha. On the basis of information received by police, raid was effected at the place and some minor girls were rescued. The medical examination showed that there were atleast 2-3 minor girls who had just crossed the age of 14 years. They were being used as prostitutes and the information collected revealed that present applicant Pradip Rupchand Muswat was running the brothel house. The papers of investigation show that Asstt.Dy.S.P. was a part of the raiding party. It was submitted for the State that there is notification of the State Government to empower even Police Inspector to discharge the duties under Section 13 of PITA. 4] The charge sheet is filed. It was mainly submitted for the applicant that the allegations against present applicant are vague and he was not present at the place where the raid was effected. It was also submitted that the place does not belong to the applicant. The State has shown the assessment extract in respect of property No.2220 and it stands in the name of Minabai Rupchand Muswat, a family member of the applicant. It was also submitted that the statements of two girls were recorded very late i.e. on 5/4/2011 and one girl has not taken the name of the present applicant. The record shows that one girl Rupa has taken the name of present applicant and at present, the material is sufficient to make out prima facie case that present applicant was running brothel house and he was collecting the amount from t he girls. It was submitted for the State that in the year 2009 also similar crime was registered against the applicant. Even after registration of this crime and after getting 3 criapln4173-11.odt the interim protection, the applicant was found involved in the similar activities and atleast 7 more crimes are registered in respect of subsequent events against the present applicant. As the minor girls were being used, crime is registered for offence punishable under Section 376 of I.P.C. also. In view of these circumstances, this Court holds that it is not fit case to grant bail to the applicant and the application stands rejected. (T.V.NALAWADE,J. ) umg/criapln4173-11