Raju Ismail Inamdar v. The State Of Maharashtra And Another

2024:BHC-AUG:13004 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 ANTICIPATORY BAIL APPLICATION NO. 565 OF 2024 Raju Ismail Inamdar

VERSUS

The State of Maharashtra and another ...

Advocate for Applicant : Mr. Rajendra L. Kute APP for Respondents: Ms. V.S. Chaudhari .....

CORAM : SHIVKUMAR DIGE, J.

DATED : 3rd JULY, 2024.

PER COURT :- 1.

The applicant apprehends arrest in connection with crime No. 114 of 2024 registered with Shirdi Police Station, district Ahmednagar, for the offences punishable under sections 3, 4, 5, 7 and 8 of the Immoral Traffic (Prevention) Act, 1956. 2.

It is the prosecution case that on 23.2.2024 at about 6.35 to 7.35 p.m. at Hotel Sairang, situated on Kankuri road, Shirdi, a prostitution business was going on. On the secret information, the police raided on the said Hotel and arrested the co-accused alongwith some material. It is alleged that the said hotel was given to the applicant on leave and licence basis by the original owner. 3.

It is the contention of the learned counsel for the applicant that

-2the applicant was not aware about the prostitution business going on in his hotel. The applicant has been falsely implicated in this case. Though the leave and licence stands in the name of the applicant, the applicant had given it to other persons to run the said Hotel. The custodial interrogation of the applicant is not required. Hence he requested to allow the application.

4.

It is the contention of the learned APP that the applicant has taken the said Hotel on leave and licence basis from original owner and the applicant was running the prostitution business in the said hotel. The applicant was aware that the illegal act was going on in the said hotel. The applicant is liable for punishment under the Immoral Traffic (Prevention) Act, 1956. The custodial interrogation is required. Hence she requested to reject the application. 5.

I have heard both the learned counsel. Perused the F.I.R. and the police papers produced on record. It is alleged that the Hotel where the prostitution business was going on was given to the applicant on leave and licence basis. The applicant was aware about the prostitution business going on in the said hotel. The police have arrested the persons i.e. the customers and ladies found in the said hotel. The police have also seized the incriminating material from the said hotel. Considering these facts, the custodial interrogation of the

-3applicant is not required. Hence, I pass the following order :-

O R D E R

(i) The application is allowed.

(ii) In the event of arrest of the applicant in connection with crime No. 114 of 2024 registered with Shirdi Police Station, district Ahmednagar, for the offences punishable under sections 3, 4, 5, 7 and 8 of the Immoral Traffic (Prevention) Act, 1956, the applicant be released on executing personal bond in the sum of Rs.15,000/- with one surety of the like amount, on the following conditions :- (a) the applicant shall attend the concerned police station as and when required by the Investigating Officer. (SHIVKUMAR DIGE, J.) rlj/