Suraj Shivaji Khavle v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 79 BAIL APPLICATION NO. 89 OF 2026 Suraj Shivaji Khavle ....Applicant
VERSUS
The State of Maharashtra .....Respondent Mr. R.R. Karpe, Advocate for Applicant Smt. R. R. Tandale, APP for the State.
CORAM : SACHIN S. DESHMUKH, J.
DATE : 9th FEBRUARY, 2026.
PER COURT :
1.
Applicant seeks regular bail in connection with Crime No.670/2025 registered with Jamkhed police station, Dist. Ahilyangar, for the offences punishable under Sections 143(3) of Bharatiya Nyaya Sanhita and sections 3, 4, 5, 7 of Immoral Traffic (Prevention) Act.
2.
The case of prosecution is that on 18.12.2025 the Dy.SP of Karjat division informed that in the Hotel Jamkhed Palace the prostitution was being carried out under the guise of hotel business. Accordingly, entry has been made in the station diary and police party went to the spot along with panchas. Mr. Vishnu Arekar was called as a dummy customer and was handed over currency note of
- 2 - Rs.500/- and informed him to give signal. Accordingly, he went to the hotel and gave signal. The police party conducted raid and arrested the Manager, owner of the hotel along with customers and victims and seized cash and other articles. On the basis of these allegations, First Information Report came to be lodged. 3.
Learned Counsel for the Applicant submits that the Applicant is falsely implicated in the alleged crime only because he was working as a Manager in the said hotel. It is further submitted that the only vague and general allegations are levelled against the Applicant. Since the statement of the necessary witnesses and the victims are recorded by the investigating agency, the investigation is almost complete. Hence, further detention of the Applicant is unwarranted. 4.
Per contra, learned APP has opposed the application submitting that the offence is serious in nature and pointed towards the statements of victims who have disclosed that they were coerced into the business of prostitution by the Applicant alongwith coaccused. As such, there is complicity of the Applicant in the crime. Further, an apprehension is expressed that investigation is pending and as such there is possibility of Applicant tampering the witnesses. Hence, prayed to reject the application.
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Upon considering submissions of both sides and on perusal of the record, indicates that the Applicant is a 22 year old young man, who was employed as a Manager in the said hotel. 6.
It is pertinent to note that all the major witnesses of the crime are police officials and that the statement of the alleged prostitutes/victims has been recorded by the Investigating Officer. Perusal of the said statements indicates that some of them were employed as helpers and workers in the said hotel. However, there are contradictions in the said statements regarding the role of the Applicant. Moreover, certain victims have also stated that they were never forced into the act of prostitution and had willingly undertaken the said activity. Crucially, apart from the allegations regarding prostitution, there is no other element of threat, force or injury to the victims.
7.
Nevertheless, the statements of all the key witnesses as well as the victims are recorded and the necessary recovery is carried out by the investigating agency. Therefore, the investigation is almost complete. As such, further incarceration of the Applicant for the purpose of investigation is not required. The apprehension expressed
- 4 - by the learned APP can be adequately taken care of by imposing stringent conditions upon the Applicant.
ORDER
(i) Application is allowed.
(ii) Applicant Suraj Shivaji Khavle, be released on bail, on furnishing P.R. bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) with one or two local solvent sureties, in the like amount, in connection with Crime No. No.670/2025 registered with Jamkhed police station, Dist. Ahilyangar, for the offences punishable under Sections 143(3) of Bharatiya Nyaya Sanhita and sections 3, 4, 5, 7 of Immoral Traffic (Prevention) Act, on the following conditions :- (a) The Applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.
(b) The Applicant shall attend the concerned Police Station on every Monday between 11.00 am to 1.00 pm till framing of charge.
(c) The Applicant shall attend the trial on each and every date unless exempted by the Trial Court and shall
- 5 - not leave the area of jurisdiction of the concerned Police Station till conclusion of the trial.
(d) The Applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers of the Applicant and two of the near relatives.
(e) In case of breach of any of the conditions by the Applicant, it is open for the prosecution to move this Court seeking cancellation of bail.
(iii) Needless to state that, nothing stated hereinabove shall be construed as an expression on merits of the case. Learned Trial court shall proceed independently and uninfluenced by the observations made hereinabove.
(SACHIN S. DESHMUKH, J.) dyb