Ganesh Pramod Bingle v. The State Of Maharashtra And Another

2025:BHC-AUG:32977 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1753 OF 2025 Ganesh Pramod Bingle

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Shaikh Majit S.

APP for Respondent/State : Ms. D.S. Jape ...

CORAM : MEHROZ K. PATHAN, J.

DATED : NOVEMBER 26, 2025 PER COURT :

1.

Heard.

2.

The applicant has approached this Court seeking anticipatory bail in Crime No.823/2025 registered with Shrirampur City Police Station, District Ahilyanagar for the offences punishable under Sections ,3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956.

3.

The case of the prosecution is that on 04/09/2025, the Police Sub Inspector namely Meera Dagdu Sarak appointed with the Shrirampur City Police Station received secret information in relation to the immoral trafficking activity in the premises namely Adarsh Lodge, Ward No.5 Shrirampur, belonging to Mahendra Bingle, by the lodge manager namely Dheeraj Bingle for their earning from prostitution. Therefore, Additional S.P. directed the Police Inspector to

(2) carry out the necessary action. The informant along with the two Government panchas and one decoy customer approached the spot in a private vehicle along with the squad. As per the instructions, the dummy customer approached in the lodge along with two marked currency notes of Rs.500/-, as the lady present there allegedly affirmed for soliciting the immoral services and the dummy customer raising the signal, the squad raided the premises and detained the persons present at the spot. On frisking of the said persons, the police found the currency bills handed over by the dummy customers, therefore, the said persons were taken into custody and upon further inquiry the names of other co-accused persons have surfaced from the statements including the present applicant. The police also searched the rooms wherein the incriminating material came to be seized. 4.

Learned counsel for the applicant submits that the applicant has no concern with the present offence of running the brothel or pushing the girls into prostitution. He submits that only the license of the lodge is issued in the name of present applicant therefore the applicant is arrayed as accused in the present crime. He further submits that there are no criminal antecedents to the discredit of the present applicant. The applicant is ready to cooperate with the investigation and custodial interrogation of the applicant is not necessary. It is his further submission that in the F.I.R., basic allegations are against real brother of the applicant, who is alleged to

(3) be running the brothel along with one manager who is absconding. The father of the applicant is the owner of the premises, who has allegedly allowed to run the brothel in the premises and is also an accused. It is his further submission that he being the only license holder of the lodge issued by the Government of India in the name of present applicant that the applicant has been arraigned as main accused without there being any evidence on record pushing the girls into prostitution or connived with other accused persons to run the brothel.

5.

As against this, learned APP vehemently opposed the application on the ground that the applicant is holding the license of Adarsh Lodge which is the spot of incident where the raid is conducted by the police authorities and two women were rescued from the premises. She further submits that the brother of the applicant Dheeraj was apprehended on the spot at the time of conducting the raid. The manager who was there on the spot fled away after realizing that the police has conducted the raid and is yet not arrested. The father of the applicant is also an accused, as he owns the said lodge. She further submits that the identical offence is registered for running the brothel in the same premises being F.I.R. No.20 of 2024 dated 10.01.2024 under the provisions of Immoral Traffic Act. The same Adarsh Lodge is involved in other offences and the applicant being the license holder of the said lodge, custodial

(4) interrogation of the applicant is necessary. If the applicant is released on bail, there is every likelihood that he may indulge into identical offence. Hence, she prayed for rejection of the application. 6.

I have gone through investigation papers made available by the learned APP and also the statements recorded during investigation. The statement of the women rescued from the premises does not show any involvement of the present applicant in the said crime. The rescued women rather states that accused Dheeraj (brother of the applicant) who had pushed them into prostitution. The applicant is a registered license holder of the lodge and the date of incorporation of the said business is shown to be 01.01.1986 in the Udyam Certificate issued by Government of India, Ministry of Micro, Small and Medium Enterprises. The earlier F.I.R. lodged earlier by the police authorities being F.I.R. No.20 of 2024 also does not show that the applicant was arraigned as an accused in the said F.I.R.

The learned APP informs that the applicant was not an accused in the said earlier crime despite he being license holder of the lodge. Thus, taking into consideration the fact that the owner of the premises is the father of the applicant, who is already granted bail by the same Court which has rejected the bail application of the applicant, I am inclined to protect the applicant, however, on certain conditions.

(5)

ORDER

(i) In the event of arrest of the Applicant - Ganesh Pramod Bingle, he be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with one or two solvent sureties in the like amount, in connection with Crime No.823/2025 registered with Shrirampur City Police Station, District Ahilyanagar for the offences punishable under Sections ,3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956, on the following conditions :

(a) The Applicant is directed to attend the concerned police station and report to the Investigating Officer thrice in a week on every Tuesday, Thursday and Saturday between 12:00 p.m. to 02:00 p.m., until the filing of charge-sheet. (b) The Applicant shall not indulge into other offences and shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner. (c) The Applicant shall also cooperate with the investigation and produce all relevant documents as may be sought by the Investigating Officer for the purpose of completing the investigation.

(d) Single violation of the conditions on the part of the applicant would entitle the prosecution to seek cancellation of bail.

(6) (e) The application stands disposed of.

(MEHROZ K. PATHAN, J.) Mujaheed//