KUMAR SHAMBHU KUNDER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking anticipatory bail in connection with C.R.No.468/2019 dated 7.12.2019 registered at Santacruz Police Station, Mumbai under sections 294, 114 read with 34 of the Indian Penal Code and under Sections 3, 8(1), 8(2) and 8(4) of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working Therein) Act, 2016 (hereinafter referred to as 'the said Act').

(2.) Heard Shri Rushabh Vidyarthi, learned counsel for the applicant and Smt. Geeta P. Mulekar, learned APP for the State.

(3.) The FIR was lodged on 7.12.2019 by police constable Mahesh Naik. He has stated that he was on duty in crime detention branch, Desk 09, Crime Branch, Bandra (W), Mumbai. On 6.12.2019 the police received information that obscene dances were going in 'Golden Been Bar and Restaurant' at Santacruz (West), Mumbai. The police called panchas and a bogus customer. They arranged to conduct raid. The raiding party went to that bar at about 12:45 in the midnight on 7.12.2019. The FIR mentions that there were 13 girls present. The music was going on. The customers of that bar were throwing currency notes on the girls dancing there. The bogus customer recorded this. It is specifically mentioned that one of the girls was dancing and the dance was obscene. The police conducted raid and made enquiries. The Manager and others were apprehended. The Manager produced a photo-copy of the premises licence bearing No.734/2016 and 700/2016. It stood in the name of the present applicant. The Manager, Cashier, Supervisor, Barman, Waiters and six customers were arrested. The articles were seized and the amount was also seized and the FIR was lodged, as mentioned earlier.