JUDGEMENT
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(1.)HEARD .
(2.)BY this application, the applicants seek bail in respect of a crime registered by the C.B.I. as C.R. No.3/S/2007-Mumbai for the alleged
offence punishable under sections 366-A, 372 and 120-B of the Indian
Penal Code and sections 4, 5 and 7 of the Immoral Traffic (Prevention)
Act, 1956 (for short "PITA").
The prosecution case as disclosed in the FIR (counsel for the applicants and the CBI stated that the statement dated 11th May 2007 of
Priya Thakur is the FIR) is that Priya had come to Mumbai to stay with
her buva (father's sister Sonam) about 4 years ago. Priya was working as
a waitress in a dance bar and getting Rs.200/- to Rs.300/- as tip for the
evening. She used to go for work in an auto-rickshaw of Yadav @ Shivnath
Paul. She also knew another Yadav, a man with a trimmed beard who was
also a rickshaw driver. On two occasions, Yadav made a proposal to Priya
through the applicants to have a sex with his customers for a price. He
offered Rs.25,000/- for having sex. The proposal was accepted by Priya.
Two incidents have been narrated when Priya went for sex, but the deal
did not materialise either because the customer did not come or the room
was not available. On the third occasion, Priya went to Hotel Natwar
where a deal for Rs.25,000/- was fixed with an Angrez (English man) for
having sex. At that time, a raid was conducted by the CBI and the
applicants were arrested. According to the prosecution, the applicants
were guilty of the offences charged.
(3.)STATEMENTS of other two girls Jyoti @ Shashi Rajput and Khushboo Thakur were also recorded though they appear to have been recorded one day
earlier.
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