Shyam Vishwas Borase v. The State Of Maharashtra And Another

2025:BHC-AUG:6884

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 ANTICIPATORY BAIL APPLICATION NO. 170 OF 2025 SHYAM VISHWAS BORASE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. D. R. Kale APP for Respondent/State: Ms. Neha B. Kamble ...

...

CORAM : ARUN R. PEDNEKER, J.

DATE : 10.03.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.901/2024, registered at MIDC Police Station, Jalgaon, Taluka Jalgaon, District Jalgaon, for the offences punishable under Sections 3, 4, 5(1)(c) and 7 of the Immoral Traffic (Prevention) Act, 1956, Section 3(a) and Section 6(a) of the Passport (Entry into India) Rules, 1950 & Section 14(a) of the Foreigners Act, 1946. 3] In the instant case, undisputedly, the offence is made out at the highest could be of 3 years imprisonment. 4] This court by order dated 10.02.2025 noting the

submissions of the applicant that there is no minor girl involved in the matter.

5] The case against the applicant is that he along with others have been using the place as a brothel, on which, the raid was conducted and one girl of major age was found indulging in the business of prostitution. Her statement also depicts that she herself was doing business on her own as well as with aid of the applicant. Perused her statement. The applicant's name is taken by the co-accused. 6] Considering the same and that there are no antecedents against the applicant and also considering that the maximum punishment in the offence is 3 years, the interim protection granted earlier would be confirmed. 7] In view of the above, the interim protection granted by order dated 10.02.2025 stands confirmed, on the following terms:

i] The applicant shall attend the police station as and when required by the Investigating Officer. ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

8] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

9] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

10] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe