Manoj Asaram Gawde v. The State Of Maharashtra And Another
2026:BHC-AUG:1041
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 913 ANTICIPATORY BAIL APPLN. NO. 1828 OF 2025 MANOJ ASARAM GAWDE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr.V.S.Wakale APP for Respondent-State : Mr.R.K.Ingole Advocate for Respondent no.2 : Ms. Mayur S.Hange [Appointed] ...
CORAM : MEHROZ K. PATHAN, J.
DATE : 06.01.2026 P.C. :
1] Heard the learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the respondent no.2 - victim.
2] The applicant has approached this Court, seeking anticipatory bail in connection with Crime No.0071/2025, registered with Nagar Taluka Police Station, Dist. Ahmednagar, for the offence punishable under Section 143 (3), 3 (5) of Bharatiya Nyaya Sanhita, Section 3, 4, 5, 6 and 7 of the PITA Act, 1954 and Section 4 of the Protection of Children from Sexual Offences Act, 2012.
3] The case of the prosecution is that the complainant is the police personnel attached to Local Crime Branch, Ahmednagar. She was part of raiding squad in respect of prevention of immoral traffic. On information, raid was conducted at Hotel Sai Lodging, Ruichhattishi, Tal. & Dist. Ahmednagar on 12.02.2025 and total 11 victims were rescued. All the Victims are residents of different parts of India and they were forced into the prostitution business. As per the information received by the police, the said Sai Lodging is run by Bhaiyya @ Ganesh Sampat Gore along with his partner, the present Applicant with the help of Shubham Ashok Palande (arrested Accused) and person named Rana. They were conducting the said business by securing Victims from different part of India and earning their livelihood from the income of the same.
4] The raid was conducted with the help of decoy customer. After the raid, the victims were rescued and the complaint was lodged against the applicant and other accused persons and the offence was registered accordingly. 5] The learned counsel for the applicant submits that the investigation is complete and the charge sheet is filed. There is no evidence to connect the applicant with the said crime. The applicant is falsely implicated in the present crime. The applicant was not present at the time of conducting the raid by the police.
namely, Bhaiyya @ Ganesh Sampat Gore, who is also charged of pushing the victim girl into prostitution forcibly, has been released on bail by the Additional Sessions Judge, Court No.3, Ahmednagar. Therefore, the applicant may be released on bail even on the principle of parity. 6] As against this, the learned APP, as well as, the learned appointed counsel for the victim vehemently oppose the present application on the ground that the applicant is directly involved in the alleged crime of forcing certain girls in illegal business of prostitution and to bring the girls to the said Lodge i.e. Hotel Sai Lodging, which was run by the present applicant along with his partner Bhaiyya @ Ganesh Sampat Gore.
After the raid was conducted, the girls, who were rescued from the said Lodge, were interrogated and hence they have stated about the role of the present applicant, pushing the girls into the business of prostitution. The statement of one victim girl-Radha was recorded by the police wherein she has narrated the role of the present applicant. The present applicant is the main accused in the present crime as he has taken the said premises on the basis of registered leave and licence agreement dated 10.07.2023 for running the Hotel Sai Lodging, therefore, the custody of the present applicant is necessary.
orders of the Competent Authority. Thus, this is not fit case to grant anticipatory bail. Hence, the present application may be rejected.
7] I have gone through the charge sheet made available by the learned APP and with the assistance of the learned counsel for the applicant and the learned counsel for the victim, I have gone through the said charge sheet. The charge sheet contained statement of the various girls, who were rescued from the operation. The applicant along with other co-accused Bhaiyya Gore is alleged to have forced the victim girls into prostitution business. It is also stated by the one of the rescued girl-Radha that the applicant was taking commission out of the customers payment from the said girls. Perusal of the order, granting bail to the co-accused Bhaiyya @ Ganesh Sampat Gore, dated 19.03.2025 passed by the Additional Sessions Judge, Court No.
3, Ahmednagar, would show that the applicant has taken the premises on the basis of registered leave and licence agreement dated 10.07.2023 for running the Hotel Sai Lodging. The victim girl not only stated the role of the present applicant but also gave mobile number used by the applicant. The other accused, namely, Bhaiyya Gore, was released on anticipatory bail only on the ground that it is specifically mentioned in clause no.5 of the aforesaid leave and license agreement dated 10.07.2023 that the said premises would not be used for any illegal purpose.
present applicant had used the said premises for the business of prostitution.
8] Thus, in view of the material collected by the prosecution against the present applicant in the alleged crime, I am not inclined to grant anticipatory bail in favour of the present applicant. Hence, the Anticipatory Bail Application is hereby rejected.
9] Fees of the learned appointed counsel Ms.Mayur S. Hange, representing the respondent no.2 - victim, shall be paid as per the schedule of fees maintained by the Sub-Committee of the High Court Legal Services SubCommittee, Aurangabad, expeditiously. [MEHROZ K. PATHAN] JUDGE DDC