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Bombay High CourtABA/176/2025disposed off

Ashok S/O Bhursuji Uikey v. State Of Maharashtra, Thr. Pso, Ps Lakadganj Police Station, Nagpur

2025-03-27Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:3219

(1) 929.aba.176.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.176 OF 2025 Ashok s/o Bhursuji Uikey Vs.

State of Maharashtra, through Police Station Officer, Police Station Lakadganj, Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. U. P. Dable, Counsel for the applicant.

Ms. H. N. Prabhu, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 27/03/2025 1.

Apprehending the arrest at the hands of Police in connection with Crime No.133/2025 registered with Police Station Lakadganj, Nagpur for the offence punishable under Section 143 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act. 2.

The crime is registered on the basis of report lodged by Ashokkumar Jagrupsingh on an allegation that the present applicant has given his premises on rent to the co-accused, who was carrying the prostitution business on the said premises. The raid was conducted and the minor girls were found in the said premises indulged in the prostitution work. On the basis of the said report,

(2) 929.aba.176.2025 police have registered the crime against the present applicant.

3.

Heard learned Counsel for the applicant, who submitted that as far as the present applicant is concerned, only allegation against him is that the premises wherein the said raid was conducted is owned by the present applicant. As far as his connection with the other accused is not revealed from the recitals of the FIR. In view of that, he be protected by granting anticipatory bail.

4.

Learned APP strongly opposed for the same on the ground that there are similar offences registered against the present applicant. The nature of offence is similar one. In view of that, the application deserves to be rejected.

5.

After hearing both sides and perusal of the investigation papers it reveals that the Investigating Officer has recorded the statements of various witnesses including the co-accused and the victim girls, nowhere it revealed from the statement that the present applicant was aware that they were doing the prostitution business in the said premises. Thus, considering the statement which are recorded by the Investigating Officer, no prima facie case is made out against the present applicant. In view of that, he has made out a case for grant of bail. Accordingly, I proceed to pass following order:

(3) 929.aba.176.2025

ORDER

(i) In the event of arrest, in connection with Crime No.133/2025 registered with Police Station Lakadganj, Nagpur for the offence punishable under Section 143 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, the applicant Ashok s/o Bhursuji Uikey shall be released on anticipatory bail, on executing PR Bond in the sum of Rs.25,000/- with one solvent surety of the like amount.

(ii) The applicant shall attend the concerned Police Station as and when required for the investigation purpose.

(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate