Lila Phuyel Sarma v. The State Of Maharashtra

2025:BHC-AUG:26172

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

942 BAIL APPLICATION NO. 1728 OF 2025 LILA PHUYEL SARMA

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Y. G. Birajdar, h/f Mr. S. A. Gawande. APP for Respondent / State : Mr. N. B. Patil. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

23rd September, 2025.

P.C.:

Heard.

This is an application for granting regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.777 of 2025, registered with M.I.D.C. Waluj Police Station, District Chhatrapati Sambhajinagar (City), for the offences punishable under Section 143 of the Bharatiya Nyaya Sanhita, 2023 (for short, "the BNS") and under Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956. The learned counsel for the applicant pointed out the report in which it is averred by the police officer that on 6th August, 2025, the police received secret information that a brothel / prostitution

business was being conducted with the help of some women, who were kept in custody at the first floor of JKL Lodging, Old Bank, Bajajnagar, Taluka and District Chhatrapati Sambhajinagar. Upon receiving the said information, the P.I. called some Panchas and some decoy customers were also called. They were directed to go to the spot. Accordingly, they went there. They met the women present there and inquired with the applicant. The applicant told that the said place belonged to one Babu Maroti Alore. The raid was effected at about 19:10 hours. The amount received from customers was sent through QR linked to mobile number 9860666667. The Muddemal articles were seized and the report wad lodged. The learned counsel for the applicant submitted that the applicant is a receptionist of that hotel. She has no concern with the crime.

She is falsely implicated in the crime. She is a lady and maintaining her family. It is lastly prayed to allow the application. The learned APP for the State strongly opposed the application and submitted that the applicant is involved in the serious crime. The applicant participated actively in the commission of the said crime. The customers were coming for sexual activities there and waiting there. Considering the role of the applicant, it is lastly prayed to reject the application.

Perused the papers of investigation, particularly, the report and the statements of witnesses as well as the Panchanama drawn there. The applicant is involved in the serious crime. The investigation is not yet completed. The applicant is a resident of Assam and was arrested on the spot. Her presence cannot be secured for trial if she is released on bail. If the applicant is released on bail, she will certainly pressurize the prosecution witnesses and tamper with the evidence. Considering the role of the applicant in the serious crime and the fact that investigation is not yet over, the application cannot be allowed on the principle that bail is rule and jail is exception. Hence, the bail application is rejected.

[ SANJAY A. DESHMUKH, J. ] nga