Deepak Gulab Chavan v. State Of Maharashtra
Digitally signed by CHITRA SANJAY SONAWANE Date:
2025.07.15 13:26:05 +0530 CHITRA SANJAY SONAWANE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1919 of 2025 Deepak Gulab Chavan Age: 30 yrs, Occ: Business, R/o 78/4, Type-2, Range Hills Near Kendriya Vidyalaya, Pune-411020 ... Applicant versus The State of Maharashtra (Through PI, Baner Police Station Baner, Pune) ... Respondent ---- Mr Nikhil Mallelwar a/w Ranjeet Hande, Dewang Mhatre i/by Sachin Pawar for the applicant.
Mr Anand Shalgaonkar, APP, for the respondent/ State. API Babasaheb Zarekar, Baner Police Station, Pune. ---- Coram: R.N. Laddha, J.
Date: 14 July 2025.
P.C.:
.
By this application, the applicant seeks pre-arrest bail in connection with CR No.90 of 2025, registered at Baner Police Station, Pune City, for offences punishable under Sections 3, 4 an 5 of the Prevention of Immoral Trafficking Act 1956 (the PITA) and Sections 143, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.
2.
It is the case of the prosecution that, acting upon confidential intelligence indicating the coercion of women into the sex trade for monetary gain, law enforcement authorities conducted a raid at the premises of '24 Thai Shop' located in Baner, Pune. During the course of this operation, two victims were found engaged in prostitution. It is further alleged that applicant played a pivotal role in instigating and compelling the said victims to engage in such unlawful activities. The applicant is running a Spa at the aforementioned location and that his primary means of livelihood was derived from the income generated through this business.
3.
The learned Counsel appearing on behalf of the applicant, submits that the applicant has been falsely implicated in the present case and is innocent of the charges levelled against him. He submits that the applicant was not present at the scene of the alleged incident at the relevant time. Furthermore, all the alleged victims involved in the matter are adults who were fully aware of the circumstances. There are no specific allegations indicating that the applicant coerced, compelled, or induced any individual to engage in any unlawful act. He further submits that the applicant is not the owner of the premises in question, and nothing is to be recovered or discovered from the applicant. Additionally, the applicant has no criminal
antecedents.
4.
On the other hand, the learned Additional Public Prosecutor representing the respondent/ State opposes the prayer for pre-arrest bail. He submits that the offence is of a grave and serious nature. The applicant, being the owner of the Spa in question, is directly linked to the premises where the alleged illegal activities were conducted.
5.
Upon perusing the records, it appears that the applicant was not present at the spot at the time of the raid. Prima facie, there is no material available on record to suggest that the applicant had knowledge of, or was in any way involved in, the alleged prostitution activities purportedly taking place at the Spa. Furthermore, there is nothing on record to suggest that the applicant is the owner or in control of the premises where the raid was carried out. On the contrary, the statements of witnesses indicate that one Sandeep Chavhan is the owner of the said premises. Moreover, both individuals identified as victims in the case are adults, aware of the situation. Additionally, the investigation in the matter is almost complete and nothing is to be recovered or discovered from the applicant. It is also relevant to mention that a co-accused has already been granted anticipatory bail. There appears no need
for the custodial interrogation of the applicant. Admittedly, at the time of the raid, the applicant was not present at the spot. 6.
In these circumstances, the custodial interrogation of the applicant is not warranted. Accordingly, the application is allowed in the following terms :
(i) In the event of applicant's arrest in CR No.90 of 2025, registered at Baner Police Station, Pune City, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.
(ii) The applicant, himself or through any other person, shall not tamper with the evidence or influence the witnesses.
(ii) The applicant shall attend the concerned police station as and when required by the investigating officer.
7.
The application stands disposed of accordingly. [R.N. Laddha, J.]