1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISCELLANEOUS APPLICATION(BAIL) NO. 261 OF 2010 Shri Sawan Lalaso Patil alias Krupacharya Lalaso Bajugade, s/o Lalaso Patil, age 23 years, r/o Babarmachi, Hajarmachi, Tal-Karad, Dist-Satara, Maharashtra. ... Applicant versus State Through the Police Inspector, Panaji Police Station, Panaji Goa. ... Respondent Shri Nigel Da Costa Frias, Advocate for the Applicant. Shri C. A. Ferreira, Public Prosecutor for the Respondent. CORAM : N. A. BRITTO, J. DATE : 16TH DECEMBER, 2010. ORDER The applicant herein has filed the present application for bail, after bail has been denied to him by Order dated 26-11-2010 of the learned Children's Court at Panaji. 2 2. The applicant was arrested on 2-11-2010 and since then he has been in custody. Crime No.284/10 was registered at Panaji Police Station on 30-10-2010 under Sections 3, 4, 5 and 6 of the Immoral Traffic(Prevention) Act, 1956 upon a complaint filed by Shri Chodankar, the Police Inspector of Panaji Police Station. 3. According to the prosecution, a trap was laid near Junta House by deputing a decoy customer and accused Amjad Waqat Hussein Khan and accused Manoj Kumar Rajinder were caught red handed while supplying the victim girls for the purpose of prostitution against their wishes. Two other accused by name Mr. Javed and Sunita Javed are stated to be absconding. The aforesaid two accused are stated to have procured the victim girls for the purpose of prostitution. The applicant/accused was arrested, as already stated on 2-11-2010, having been identified by another witness as the person who had supplied Miss J alias Miss S (names withheld) to the said Manoj Kumar. 4. The other two girls are known as “R” and “K”(names withheld). The bail has been denied to the applicant herein by the learned Presiding Officer of the Children's Court with the observation that the 3 investigating agency ought to have been given sufficient opportunity to investigate as the offences are of serious nature. Miss “K” is stated to be a minor, and, the punishment provided under Section 5(1) of the said Act for procuring a minor for prostitution is minimum of seven years imprisonment which could extend to fourteen years. 5. Shri C. A. Ferreira, the learned Public Prosecutor fairly concedes that none of the victims in their statements have implicated any of the accused and, it appears that they have not at all been co-operating with the investigating agency. As already noticed, one of the statements in the reply shows that it is the absconding accused, namely Mr. Javed and Sunita Javed who had procured the victim girls for the purpose of prostitution. Learned Public Prosecutor further submits that till today it is not known as to who procured Miss “K”. The only statement made against the present applicant is that he was found moving at KTC bus stand and was identified by one Ajit Krishna Phalle as the person who supplied the victim Miss “J” to the accused Manoj Kumar which statement is otherwise not supported by the said Miss “J' herself. On what basis such a statement is made is also not explained. 4 6. In the matters of bail, it is not only the gravity of the offence which matters but also the nature of evidence which is collected in support of the charge. The applicant/accused has been in custody for over a month. The applicant/accused cannot be detained indefinitely. Considering the nature of evidence which is available against the present applicant, in my view, the applicant would be entitled to be admitted to bail. 7. Application is, therefore, allowed. The applicant is admitted to bail and shall be released upon an execution of a bond of Rs.10,000/- with one surety in the like amount to the satisfaction of the learned Children's Court at Panaji. N. A. BRITTO, J. RD