Rajni Wd/O Ashok Suryawanshi v. The State Of Maharashtra, Thr. Pso, Police Station Officer Kotwali, Nagpur City, Nagpur And ANR.

2025:BHC-NAG:8924 1 10.ba.793.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 793/2025 Rajni wd/o. Ashok Suryawanshi Vs. The State of Maharashtra and Anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P. S. Dhenge, Advocate for the Applicant. Ms M. A. Barabde, A.P.P. for the Non-applicant(s)/State. Mr. A. K. Sorde, Advocate for Non-applicant No.2. CORAM : MRS.VRUSHALI V. JOSHI,J.

DATED : 10/09/2025.

.

Heard.

2.

The applicant is arrested in Crime No.423 of 2024 registered with Police Station, Kotwali, Nagpur City, District Nagpur for the offences punishable under Sections 143(2)(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4, 5 and 7 of the Immoral Traffic Prevention Act, 1956.

3.

It is alleged that the raid was conducted and one major and one minor girl were found in the said raid. On the complaint, the offence is registered. The learned Counsel for the applicant has stated that the applicant is the owner of the house. The accused No.2 is the tenant of the said house and the raid was conducted in rented premises. The accused No.2 is already released on bail. The statement of the victim shows that the presence of the applicant was not there. As the accused No.2, who is the prime accused, is released on bail, prayed to release the applicant on bail.

4.

The learned A.P.P. opposed the application stating that the minor girl has mentioned the presence of

2 10.ba.793.25 this applicant in her another statement. The offence is committed in the house of the applicant, hence, prayed to reject the application.

5.

The learned Counsel for the victim has stated that at the time of the incident the applicant was not present there, but being the owner of the house and her involvement is there, hence, raised the objection to release the applicant on bail.

6.

Heard both the learned Counsel for the respective parties.

7.

The applicant, who is the owner of the house was not present at the time of the raid. The co-accused in whose rented premises the alleged illegal trafficking was going on is already released on bail. Hence, the application deserves to be allowed. Accordingly, I pass the following order:

i) The Criminal application is allowed.

ii) Applicant - Rajni wd/o. Ashok Suryawanshi shall be released on bail in connection with Crime No.423 of 2024 registered with Police Station, Kotwali, Nagpur City, District Nagpur for the offences punishable under Sections 143(2)(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4, 5 and 7 of the Immoral Traffic Prevention Act, 1956, on his furnishing P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount.

3 10.ba.793.25 iii) The applicant shall attend the proceeding before the trial Court without seeking any exemption unless there are exceptional circumstances.

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

v) The applicant shall not indulge herself in similar type of the activities. A single registration of the offence would lead to the cancellation of the bail. The Criminal Application stands disposed of accordingly.

(MRS. VRUSHALI V. JOSHI, J.) RGurnule