The Bombay High Court has dismissed a case filed against a man who was charged with throwing money at bar dancers purportedly engaged in indecent dance routines.
A division bench of the high court, consisting of Justice PD Naik and Justice NR Borkar, presided over an application submitted by the man challenging the FIR lodged against him for allegedly throwing money at a bar dancer. The applicant faced charges under the Indian Penal Code and the Maharashtra Police Act. According to the prosecution's case, on January 2nd, 2016, the police received information prompting them to conduct a raid.
The received information indicated that certain bar dancers were engaging in indecent dance routines at Indiana Bar & Restaurant located in Haji Ali, Mumbai, and that individuals present at the scene were actively participating in, aiding, and abetting these activities. Following this, the police raided the premises and found that the ladies were performing an indecent dance, and several other people, including staff, were present. Some of the customers were throwing money in response to the dance performance.
Advocate Shailesh Kharat, representing the applicant, contended that merely being present at the location where the dance took place does not constitute aiding and abetting the commission of the offense. Kharat further argued that customers should not be implicated as accused in the current FIR. He pointed out that approximately 39 individuals were implicated as accused, including 20 customers.
Additional Public Prosecutor SE Pahad contended that the applicant actively aided and abetted the individuals engaged in performing obscene and indecent dances. He asserted that the applicant was observed throwing money in response to the dance performances by the women.
The High Court granted the application, noting that no specific overt act had been attributed to the applicant.
Case title: Nilesh Gadge vs State of Maharashtra
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