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Bombay High CourtABA/2943/2025allowed

Prakash Hari Yadav v. State Of Maharashtra

2025-11-06Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2943 OF 2025 Prakash Hari Yadav ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Prabhanjay R. Dave a/w. Mr. Shankar Ambure for the Applicant. Mr. B.V. Holambe Patil, APP for the Respondent/State. PI Jitendra Kadam, D.B. Marg Police Station.

..............

CORAM

:

N.R. BORKAR, J.

DATE :

06.11.2025.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 544 of 2025 registered at D.B. Marg Police Station for the offences punishable under Sections 3, 4, 5 & 7(1)(b) of the Immoral Traffic (Prevention) Act, 1956.

3.

It is the case of the prosecution that on 26th June 2025, pursuant to the secret information, a trap was laid and a raid was conducted at Room No.7, Ground Floor, Dayanand Building, Pavwala Path, Grant Road, Mumbai. During the raid, the applicant and other co-accused were found to be involved in running a brothel. Three victims were rescued in the said raid. 1/3

4.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 5.

Learned counsel for the applicant has submitted that the applicant has nothing to with the alleged crime. It is submitted that nothing is to be recovered from the applicant and therefore, his custodial interrogation is not necessary. It is submitted that there are no other criminal antecedents. Learned counsel for the applicant submits that the applicant, without prejudice to his rights and contentions, is ready and willing to pay Rs.50,000/- to the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund.

6.

On the other hand, learned APP for the respondent/State for the respondent/State submits that the victim has specifically named the present applicant in her statement. It is submitted that considering the nature of offence, the applicant may not be released on anticipatory bail.

7.

I have perused the statements of the victim. From their statements, prima facie no inference can be drawn that they were made to indulge in prostitution activity. There are no other criminal antecedents against the present applicant. Considering these facts and circumstances, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

2/3

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No.544 of 2025 registered at D.B. Marg Police Station for the offences punishable under Sections 3, 4, 5 & 7(1)(b) of the Immoral Traffic (Prevention) Act, 1956, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.

C) The applicant shall pay amount of Rs.50,000/- to Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund, within a period of 8 weeks from today. D) The applicant shall not commit any other crime. 8.

The Application is disposed of in the aforesaid terms. [N.R.BORKAR, J.] 3/3