Amodsingh Husharsingh Sable v. The State Of Maharashtra

2025:BHC-AUG:33339 1 929(ii).ABA-1554-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1554 OF 2025 AMODSINGH HUSHARSINGH SABLE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Joydeep Chatterji a/w Mr. Jarare Prasad Devidas APP for Respondents/State : Mr. R.K. Ingole ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 2nd DECEMBER 2025 PER COURT :

1.

The Applicant has approached this Court, seeking anticipatory bail in connection with Crime No.445/2025 registered with Bhagyanagar Police Station, District Nanded for the offences punishable under Sections 3, 4 and 5(1)(d) of the Immoral Traffic (Prevention) Act, 1956.

2.

It is the submission of the learned Counsel for the Applicant that the Applicant is a social worker and that he is falsely implicated in the present crime. The raid was conducted, and three persons were found at the spot who were alleged to have been involved in sexual activities under the guise of running a spa. The arrested accused, namely Nagsen, Rohan, and Santosh, are co-accused, and on the basis of their statements, the Applicant has been implicated in

2 929(ii).ABA-1554-2025.doc the present offence.

.

The learned Counsel Mr. Chatterji further submits that insofar as the role of the Applicant is concerned, he has only taken the shop on rent and has given it to one Pankaj, the manager, for running a spa. However, he has no knowledge of any activities of brothel allegedly being carried out in the name of the spa. It is his further submission that the Applicant has no criminal antecedents of identical offences under the PITA Act, and hence there is no likelihood of his indulging in such offences again if released on bail. He submits that the Applicant is deeply rooted in society and is willing to abide by any conditions that may be imposed by this Court while granting bail.

3.

As against this, the learned APP Mr. Ingole strongly opposes the application on the ground that the statement of the arrested accused Nagsen, Rohan and Santosh recorded during their interrogation, would show that the role of the Applicant as to be the owner of the said place where the spa was being run and under the garb of running spa, the commercial sexual activities were being undertaken. It is his submission that even though the Applicant may not be having any criminal antecedents under the PITA Act, however there is one offence registered against him under the Bombay Police Act. He further submits that the Applicant, if released on bail, may again indulge in identical activities of running a brothel by taking other properties on rent and by pushing the rescued girls back into prostitution He further submits that the offence under Sections 3, 4

3 929(ii).ABA-1554-2025.doc and 5 of the PITA Act are though punishable with seven years, however if the women is forced into the prostitution against her will, the same is punishable with fourteen years of imprisonment. Hence the offence being serious in nature, this is not a fit case to exercise discretion in favour of the Applicant to release him on anticipatory bail.

4.

I have gone through the investigation papers made available by the learned APP Mr. Ingole. The perusal of the order passed by the learned 4th JMFC Nanded dated 14.08.2025 would show that the girls were not forced in to prostitution. The same is a prima facie observation made to decide the said application for the custody of the rescued girls. The perusal of the statements of rescued girls as reflected in the case diary would show that they have attributed the role of accused Pankaj for forcing them into prostitution and have not made a single allegation against the present Applicant/Amodsingh. The entire allegations of forcing the girls into prostitution against their will, are against accused Pankaj and as such the role of the present Applicant is not made out insofar as the offence under Section 5 of the PITA Act is concerned.

The other statements show that the property was given on rent by the landlord to the present Applicant by himself would not preclude this Court from exercising discretion to protect the Applicant as the statements of the rescued girls do not find the name of the present Applicant.

4 929(ii).ABA-1554-2025.doc stringent conditions upon the present Applicant. Hence the following order :

ORDER

(i) In the event of arrest of the Applicant - Amodsingh Husharsingh Sable in connection with Crime No.445/2025 registered with Bhagyanagar Police Station, District Nanded for the offences punishable under Sections 3, 4 and 5(1)(d) of the Immoral Traffic (Prevention) Act, 1956, he be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount, on the following conditions : (a) The Applicant shall attend the concerned police station on Friday and Saturday of every week till the filing of the charge-sheet. (b) After filing of the charge-sheet, the Applicant shall attend the concerned police station on first Monday of the month until framing of the charge.

(c) The Applicant shall not tamper with the prosecution evidence and shall not influence the witnesses.

(ii) The application is allowed in the above terms and stands disposed of.

MEHROZ K. PATHAN JUDGE NAJEEB..