Vikram Suresh Vishnani And Another v. The State Of Maharashtra

2025:BHC-AUG:9482 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 406 OF 2025 1.

Vikram S/o. Suresh Vishnani, ] Age : 27 years, Occu. : Labourer, ] R/o. Tanpurwadi, Near Vitbhatti, ] Tq. Rahuri, Dist. Ahilyanagar.

] 2.

Farhad Ahmed Sayyed, ] Age : 37 years, Occu. : Labourer, ] R/o. Tanpurwadi, Near Vitbhatti, ] Tq. Rahuri, Dist. Ahilyanagar.

] .... Applicants.

Versus

The State of Maharashtra, ] Through Police Station In Charge, ] Rahuri Police Station, Rahuri, ] Tq. Rahuri, Dist. Ahilyanagar.

] ... Respondent.

......

Mr. Hemant U. Dhage, Advocate for Applicants. Mr. S. B. Narwade, APP for Respondent - State. ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 27 MARCH, 2025 PRONOUNCED ON : 01 APRIL, 2025 ORDER :

1.

Applicants seek enlargement on regular bail on account of their arrest in Crime No.1102 of 2024 registered at Rahuri Police Station, Dist. Ahmednagar for offence punishable under sections 3, 4, 5, 7 and 8 of Immoral Traffic (Prevention) Act. 2.

Pointing to the date of arrest of applicants as

-218.10.2024, it is submitted that, there is false implication. That, there are allegations of running prostitution business in a hotel and consequently raid was conducted and applicants were arrested. That, there is false implication due to political rivalry. That, applicants did not conduct any such flesh trade in a hotel. That, applicants are behind bars since long. That, nothing is to be further recovered or discovered. That, this court had granted bail to a person with similar allegations. That, applicants are ready to abide all and any conditions imposed by this court and hence learned counsel urges for regular bail.

3.

Learned APP strongly opposed on the ground that, applicant is habitual in committing similar offences. That, prostitution business is conducted. According to learned APP, this Court at Principal Seat in a PIL bearing Public Interest Litigation No.04 of 2015 had issued direction to reject bail to persons involved in such business. Learned APP apprehends continuing the illegal business, if bail is granted.

4.

Heard. Perused the papers. Police personnel of local crime branch seems to have acted on secret information about prostitution being conducted and accordingly carried out raid at New Bharat Hotel. Dummy customer was first arranged and sent

-3to solicit partner for sex and on receiving pre-determined signal from such dummy customer, raid was conducted. The persons sitting at the reception counter gave his name as Vikram Suresh Vishnani i.e. present applicant no.1. That, in the room no.3 where dummy customer was found, one lady was also found and from other rooms other 3 ladies were also rescued. Two currency notes of Rs.500 and condom were seized and another person Farhad Ahmed Sayyed i.e. present applicant no.2 was also arrested. 5.

Now, charge sheet is filed in December 2024 itself suggesting that investigation is also over. Learned APP has relied on above judgment of this court in a PIL wherein, indeed, there are directions to refuse bail to brothel owner. It is not known whether the hotel premises which is raided, is declared as brothel or not. When no purpose is shown to be achieved by further detention, bail deserves to be granted by imposing stringent conditions:

ORDER

I.

The application is allowed.

II.

Applicants, namely (i) Vikram S/o. Suresh Vishnani and (ii) Farhad Ahmed Sayyed be released on bail in connection with Crime No.1102 of 2024 registered with Rahuri Police Station, Dist. Ahmednagar, on executing Personal Bond of Rs. 15,000/- each with one surety each in the like amount, on the following conditions:

-4- [a] The applicants shall not tamper prosecution evidence. [b] The applicants shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. [c] The applicants shall attend the concerned police station thrice in every week i.e. on every Saturday, Tuesday and Thursday and maintain personal diary of their attendance till framing of charge and thereafter, shall regularly attend each and every effective date before the trial court.

(ABHAY S. WAGHWASE, J.) Tandale