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Bombay High CourtBA/3393/2025allowed

Sanjay Yallappa Daulatkar v. The State Of Maharashtra

2025-10-06Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3393 OF 2025 Sanjay Yallappa Daulatkar .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Pratik G. Tare i/b Mr. Datta H. Bade, Advocate for the Applicant. Mr. A. S. Shalgaonkar, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 6th OCTOBER, 2025.

P.C. :

by SHANTANU SHANKARSA DHUDUM Date:

2025.10.07 19:55:40 +0530 SHANTANU SHANKARSA DHUDUM 1.

By this application, the Applicant is seeking regular bail in connection with C.R. No.58 of 2025 registered with Kagal Police Station, District: Kolhapur, for the offences punishable under Sections 143 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS Act") and Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, 1956.

2.

It is prosecution's case that on secret information police conducted raid at Hotel Aditi Beer Bar and Lodging, where they allegedly found that prostitution activities were being carried out in the Shantanu S. Dhudum 1/4

said lodge by taking money from customers. It is alleged that the Applicant was looking after the said lodge and he had taken the said lodge on lease basis.

3.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than six months. There is no progress in the trial. The co-accused against whom the same allegations are levelled has been released on bail hence, Applicant is entitled for bail on the ground of principle of parity. Hence, requested to allow the application.

4.

It is contention of learned APP that the Applicant has one antecedent. He had taken the lodge on lease basis and was carrying on the business of prostitution in the said lodge. If Applicant is released on bail he may abscond or threaten the prosecution witnesses, hence requested to reject the application. 5.

I have heard both learned counsel, perused F.I.R. and documents produced on record.

6.

The co-accused Shrirang Jadhav against whom the same allegations are levelled has been released on bail by the learned Additional Sessions Judge, Kolhapur. Considering these facts, the Applicant is entitled bail on principle of parity, and I pass following Shantanu S. Dhudum 2/4

order:

ORDER

i. Application is allowed.

ii. The Applicant be released on bail in connection with C.R. No.58 of 2025 registered with Kagal Police Station, District: Kolhapur, on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

iii. The Applicant shall mark his attendance with the concerned police station as and when required. iv. The Applicant shall remain present before the trial Court on each date unless exempted by the Trial Court.

v. The Applicant shall not indulge in the activities which are alleged against in the present case. If he involved such type of activities, it will be a ground for cancellation of bail.

vi. The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case. Shantanu S. Dhudum 3/4

vii. The Applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.

viii. The trial Court shall not be influenced by the observations made in this order and shall decide the matter on its own merits and in accordance with law. 7.

The application is allowed in the aforesaid terms and is accordingly disposed of.

8.

All concerned to act on the authenticated copy of this order. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 4/4