Akash Vilas Dhodamani And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2842 OF 2025 Akash Vilas Dhodamani and Anr.

...Applicants

Versus

The State of Maharashtra

...Respondent

__________ Mr. Prabhanjay R. Dave, learned Advocate for the Applicants. Ms. Anamika Malhotra, learned A.P.P. for the State/Respondent. PC-1150 Mr. Shinde attached to Jath Police Station, District-Sangli is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

21st JULY 2025.

P.C. :

1.

Heard Mr. Prabhanjay Dave, learned Advocate for the Applicants and Ms. Anamika Malhotra, learned A.P.P. for the State/Respondent.

2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. 370 of 2025 registered with Jath Police Station, District-Sangli for the offences punishable under Sections 143 of the Bharatiya Nyaya Sanhita, 2023 ("BNS" for short) and Sections 4 to 6 of The Immoral Traffic (Prevention) Act, 1956 ("PITA" for short).

3.

There are 4 accused persons in the present crime. Applicants

are the Manager of Shramvisava Lodge at Malyal Road, Jath, Sangli and the worker in the said lodge, respectively. 4.

Case of the prosecution is that upon secrete information being received about women being coerced into sex trade for financial gain, raid was conduced at Shramvisava Lodge. In the said raid, four victims were found engaged in prostitution. 5.

Applicants were arrested on 6th June 2025 and since then they are in jail. Criminal Bail Application No. 398 of 2025 filed by the Applicants was rejected by the learned Additional Sessions Judge, Sangli by order dated 26th June 2025.

6.

Mr. Prabhanjay Dave, learned Advocate for the Applicants submits that Applicant No. 1 is a Manager in the said lodge and Applicant No. 2 is the worker, employed by the owner of said lodge. He submits that there are no allegations against the Applicants to implicate them in the offences charged. He submits that the owner of said lodge has been released on anticipatory bail by this Court vide order dated 7th July 2025 (order at page nos. 39 to 42 of the paper-book). He submits that there are no allegations against the Applicants that they had coerced any of the victim into sex trade and/or they having received any financial gain out of it. 7.

Ms. Anamika Malhotra, learned A.P.P. for the State/Respondent submits that though the statements of victims were recorded under Section 164 of the Code of Criminal Procedure, 1973, however, the victims have not supported the prosecution case in Crime No. 370 of 2025.

8.

I have perused the records with the assistance of learned Advocates of the parties.

9.

Records of the case as placed in this Application, do not indicate any allegations against the Applicants, of they either having coerced victims into sex trade or they having financially gained from any such trade. Ms. Anamika Malhotra, learned A.P.P. has stated that the statements of victims recorded under Section 164 of Cr.P.C. do not support the case of prosecution. Owner of Shramvisava Lodge is granted pre-arrest bail. 10.

Considering the nature of allegations and the material on record, the complicity of Applicants in the crime is not made out. Incarceration of the Applicants during the pendency of trial is not warranted. Hence, they are entitled for bail. 11.

In view of the above, the present Bail Application is allowed on the following conditions :- a.

Applicants are directed to be released on bail in connection with Crime No. 370 of 2025 registered with Jath Police Station, District-Sangli for the offences punishable under Sections 143 of the BNS and Sections 4 to 6 of the PITA on executing P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty-five Thousand Only) each with one or two sureties in the like amount to the satisfaction of the Additional Sessions Judge, Sangli. b.

Applicants shall not directly or indirectly make any inducement, threat or promise to any person

acquainted with facts of accusation, so as to dissuade him from disclosing such facts to the Court or to any police officer.

c.

Applicants shall not tamper with the prosecution witnesses and evidence in any manner.

d.

Applicants shall co-operate in the conduct of the trial and shall regularly attend the hearing of the case pending on the file of Additional Sessions Judge, Sangli, on each and every date, unless exempted from appearance.

e.

Applicants shall report to the Investigating Officer, Jath Police Station, District-Sangli once in a month on 1st Saturday of every month from 10.00 a.m. to 12.00 noon till framing of the charge.

12.

Upon passing of the abovesaid order, Mr. Prabhanjay Dave, learned Advocate for the Applicants submits that Applicant No. 2 is suffering from the ailments and therefore, prays leave to furnish provisional cash bail in lieu of surety on his behalf. 13.

Not objected to by Ms. Anamika Malhotra, learned A.P.P. for the State/Respondent.

14.

Mr. Prabhanjay Dave, learned Advocate undertakes to furnish regular surety within a period of 4 weeks from the date of release of Applicant No. 2 from jail. Statement accepted. 15.

In view of the statement made by Mr. Prabhanjay Dave,

learned Advocate, Applicant No. 2 is permitted to furnish provisional cash bail in lieu of surety.

16.

Criminal Bail Application No. 2842 of 2025 stands disposed of in the abovesaid terms.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.07.22 21:16:08 +0530 GITALAXMI KRISHNA KOTAWADEKAR