Naziya Sameer Shaha v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3411 OF 2025 Naziya Sameer Shaha ...Applicant
Versus
The State of Maharashtra
...Respondent
Ms. Mrunmai Rokade, for the Applicant.
Ms. S. M. Yadav, APP, for the Respondent-State. Mr. Milind Shantaram Bagul, Head Constable, Upnagar Police Station, Nashik, present.
CORAM:
MADHAV J. JAMDAR, J.
DATED:
16th DECEMBER 2025 PC:- 1.
Heard Ms. Rokade, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP for the Respondent-State. 2.
By the present Anticipatory Bail Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the Applicant is seeking pre-arrest bail in connection with CR No.529 of 2025 registered with Upnagar Police Station, District - Nashik City for the offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 ("ITPA").
3.
As per the prosecution case, secret informant was received that in Gajanan-Sparsh building prostitution is going on. Accordingly, a trap was laid by sending decoy customer. The said trap was successful. Accused No.1 -Girish Madhusudan Deolakar opened the door and when the Police entered into the house, one lady was found with decoy customer. On inquiry with the victim, it is revealed that the present Applicant is involved in the crime with main Accused i.e. Accused No.1 -Girish Madhusudan Deolakar. 4.
It is a submission of Ms. Rokade, learned Counsel appearing for the Applicant that the Applicant is not involved in the crime. There are no other antecedents. She submits that even as per the prosecution case, the Applicant just introduced the victim to the Accused No.1 -Girish Madhusudan Deolakar and as per the prosecution the Accused No. 1 -Girish Madhusudan Deolakar used to contact directly the victim.
5.
On the other hand, Ms. Yadav, learned APP, strongly opposed the Anticipatory Bail Application. She submits that the Applicant's name is specifically mentioned by the victim, therefore, the Applicant is involved in the crime. She therefore submits that the
Anticipatory Bail Application be rejected. Learned APP, on instructions submits that there are no antecedents. 6.
Perusal of the record shows that the main allegations are against Accused No.1 -Girish Madhusudan Deolakar who has been arrested. The Applicant is a lady of 33 years. There are no antecedents. Accordingly, in the facts and circumstances, custodial interrogation is not necessary. Thus, the case is made out for grant of anticipatory bail.
7.
In view thereof, the following Order is passed:
O R D E R
(a) In the event of arrest of the Applicant -Naziya Sameer Shaha in CR No.529 of 2025 registered with Upnagar Police Station, District - Nashik City, Applicant be released on bail on her furnishing PR Bond in the sum of Rs.35,000/- each with one or two solvent sureties each in the like amount.
(b) The Applicant shall attend the concerned Police Station on 22nd December 2025 and 23rd December
between 11:00 am to 02:00 pm and thereafter as and when called by the Investigating Officer and shall cooperate with the investigation.
(c) The Applicant shall furnish her cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.
(f) The Applicant shall not leave India without prior permission of the Court.
8.
The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]