IN THE COURT OF SESSIONS, AT MUMBAI

Bail application No. 8112 of 2020

IN
Sessions Court Case No. 661 f 2020
IN
Dadar Police Station C.R No. 787 of 2020

Ramlal sharma s/o Shamlal Sharma

Aged- 45, businessmen
Residing at Apeksha tower,Swarnpuri
Jaipur, Rajasthan, 302015 ………Applicant
v.
State of Maharashtra
through- Dadar Police Station ……...Respondent
Charge under section
372, 373, 376 r/w 34 of I.P.C.,
Sections 4, 5, 6 and 8 of PITA ACT and
Sections 4, 8 POCSO Act

HUMBLE BAIL APPLICATION UNDER SECTION 439 OF Cr.P.C

IT PLEASE YOUR LORDSHIP:
On behalf of the abovementioned Applicant/ Accused No.1, I beg to state and submit
as follows:
1. That the applicant/accused No.1 was arrested on 22.02.2020 by police officials of
Dadar police station for the alleged offence, punishable under section 372, 373, 376
r/w 34 of I.P.C., Sections 4, 5, 6 and 8 of PITA ACT and Sections 4, 8 POCSO Act.
And produced before the honorable M.M Court Dadar and subsequently, was
remanded to police custody and judicial custody from time to time and presently, is
lodged at Arthur road Mumbai Central Jain 22.02.2020 the prosecution side filed the
charge-sheet.
2. That, the prosecution’s story in brief is that:
“The complainant Miss. Pooja dave daughter of Rohan Dave and her friend Prachi
Gupta of Anand met the applicant at the complainant’s place and the applicant told
them that they will take both of them to Mumbai and help them in getting a job at a
call centre, where they can earn good money and will be able to live properly and full
 fill their desire of staying independent. The complainant and her friend agreed to this
offer as they were in dire need of money and both of them accompanied the applicant
to Mumbai without informing their respective parents. Thereafter, the applicant told
the complainant and her friend that they were brought here for the purpose of
prostitution and being a beggar for the applicant and forced them into prostitution at
the house of the accused which accused had not been made aware off and had
completely disagreed to it. The accused had also stopped the applicant from duing that
but due to having an upper hand on the accused told him to shut up. The complaint
being fed-up, the complaint escaped from the house of the accused and reached Dadar
Police Station to register her complaint. The F.I.R. was registered at Dadar Police
Station vide C.R. No. 3787 of 2020, dated 22.02.2020. The applicant was arrested on
the same day.
3. On behalf of applicant no.1, I pray for bail on the following grounds;

GROUNDS
a) That the present FIR has been registered on false and bogus facts. The facts stated
in the FIR are fabricated, concocted and without any basis.
b) That the police has falsely implicated the applicant and arrested him in the present
case, the applicant is a respectable citizen of the society and is not involved in any
criminal case.
c) That, the applicant has been falsely implicated in this case.
d) That, there is no ‘Eyewitness’ in this case or anyone who was aware that the
applicant was forcing the complainant and her friend into prostitution.
e) There is also no eyewitness in the native place of the complainant who can
support the story of the complainant where she says that the applicant met her and
her friend at her native place
f) That the applicant is not required in any kind of investigation nor any kind of
custodial interrogation is required.
g) That the applicant is having very good antecedents, he belongs to a good family
and there is no criminal case pending against them.
h) That the applicant is a permanent resident and there are no chances of his
absconding from the course of justice.
i) That the applicant undertakes to present himself before the police/court as and
when directed.
j) There are call records of complainant with her parents where it was clear that
although the complainant talked to her parents every three days she would never
mention herself being forced into prostitution through which it can bee seen that if
the complainant was fed up there were no instances which showed the same prior
to her filing this complaint.
k) There was no bank transaction history between the complainant or her friend and
the applicant at any point in history.
l) The police were wrong in directly arresting the person and not detaining him for
further question and there were no concrete evidences found in the F.I.R for him
to be arrested by the police.
m) The applicant is a law-abiding citizen and lives with his family consisting of his
wife and old aged parents at the residence which has been provided by the
 complainant as the place where they were forced into prostitution. Which shows
that the complaint is bogus and that the police failed to take diligence while
dealing with this case.
n) The applicant is the sole bread winner of the family and their health and survival
depends on him.
o) This complaint is the result of the applicant not giving raise to the complainant
and her friend in his company where they worked as saleswomen and is just a
method to intimidate and scare the applicant.
p) The charge-sheet in this matter was filed and no further investigation remains.
q) The material facts of the case can be revealed during the trail.
r) The applicant has not filed any Bail application, prior to this bail application i.e.
this is the first bail application since arrest.
s) The applicant is in ‘jail custody’ since his arrest i.e. 22.02.2020 till today i.e. for
one year. His further detention will not serve the purpose and his liberty will
unnecessarily be curtailed.
t) The accused is the permanent resident of Dadar Maharashtra and if he is enlarged
on bail, he will attend the Dadar police station, as and when required by the court.
u) That the police have recorded all the evidences and there is no chance of
tampering evidence.
v) That the accused is 50 years old and married and his past antecedent is
outstanding.
w) The applicant is ready to abide by any condition imposed by this honorable court.
x) That the applicant undertakes that he will not, directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to the Court or to any police
officer.
y) That the applicant further undertakes not to tamper with the evidence or the
witnesses in any manner.
z) That the applicant shall not leave India without the previous permission of the
Court.

4. That the applicant has not filed any other bail application before any other honorable
court.
5. That the verification of the accused be dispensed with as the applicant is in judicial
custody i.e. Dadar jail
6. In the view of the foregoing, it is most respectfully prayed that:
a. The applicant may kindly be admitted on bail on such terms and conditions
as this Honorable court, may deem fit and proper;
b. To pass any other order/s as this honorable court may deem fit and proper;
And for this act of kindness the applicant and his family shall ever pray for.
Dated this 25 day of February,2021 at Mumbai.
Advocate for the Applicant