Anand Balu Hotkar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3443 OF 2025 Anand Balu Hotkar .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Viresh V. Purwant a/w Mr. Ashutosh M. Purwant, Advocate for the Applicant.

Ms. S. N. Deshmukh, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2025.10.14 12:31:55 +0530 SHANTANU SHANKARSA DHUDUM DATE : 10th OCTOBER, 2025.

P.C. :

1.

By this application, the Applicant is seeking regular bail in connection with C.R. No.85 of 2025 registered with Faujdar Chavadi Police Station, District: Solapur, for the offences punishable under Sections 143(2), 143(3) & 144 (2) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS Act) along with Section 3, 4, 5 and 6 of the Immoral Traffic Prevention Act, 1956.

2.

It is prosecution's case that the Applicant is the licence holder of the lodge where he along with co-accused were running prostitution in the name of "Aqua Family Spa/Massage Shantanu S. Dhudum 1/4

Parlour. On secret information, police have conducted raid on Spa Centre and arrested the co-accused and victim. 3.

It is contention of learned counsel for the Applicant that the Applicant is licence holder of Spa Centre. He had given the said Spa Centre for running to the co-accused, and he was not aware about the illegal activities going on in the said Spa Centre. The Applicant is behind bars for more than eight months. Investigation is completed and charge sheet has been filed. Hence, requested to allow the application.

4.

It is contention of learned APP that the Applicant is the main culprit. He was aware about the illegal activities going on in the said Spa Centre. He is licence holder of the said Spa Centre. If the 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 Applicant is licence holder of the said Spa Centre. Whether he was aware about the ongoing prostitution or not is a part of evidence. The Applicant is behind bars for more than eight months. Investigation is completed and charge-sheet has been filed. It may Shantanu S. Dhudum 2/4

take time to conclude the trial. Considering these facts, I pass following order:

ORDER

i. Application is allowed.

ii. The Applicant be released on bail in connection with C.R. No.85 of 2025 registered with Faujdar Chavadi Police Station, District: Solapur, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

iii. The Applicant shall attend 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 tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case. vi. 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, Shantanu S. Dhudum 3/4

from time to time to the Investigating Officer. 7.

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

8.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

9.

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