Anilkumar Kisan Yadav v. State Of Maharashtra
Ajit Pathrikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 818 OF 2026 Anilkumar Kisan Yadav ...Applicant
Versus
State Of Maharashtra
...Respondent
Mr. Taraq Sayed, Anish Pereira, Ashwinii Achari i/b Aryan Kotwal, for the Applicant.
Mr. Mayur Sonavane, APP for the State-Respondent. API - Nilesh Shewale, Nerul Police Station, Navi Mumbai, is present.
CORAM
DR. NEELA GOKHALE, J.
DATED:
27th FEBRUARY 2026 PC:- 1.
The Applicant seeks his release on bail in connection with FIR No. 62 of 2026 dated 24th January 2026 registered with the Nerul Police Station, Navi Mumbai for the offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 and Sections 143(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").
2.
It is the case of the prosecution, in brief, is that on 23rd January 2026, pursuant to information received by the police that an online website, namely www.callin.com was allegedly being used for the purpose of prostitution, Special Police Inspector, Ghorpade was authorized as a Special Police Officer under the PITA to carry out the investigation. Upon assessing the said website, users were directed to contact a particular mobile number. The officers decided to deploy a decoy customer and initiate appropriate action. Accordingly, a dummy customer was arranged, who thereafter contacted the concerned person through WhatsApp on the mobile number provided on the website. A trap was laid by the police with the help of the decoy customer at Silver Palace Inn, situated at Nerul, Navi Mumbai. During the raid, the Applicant, who was employed as a waiter at the said lodge along with another hotel staff member, was arrested. The allegation against the Applicant is that he volunteered to provide condoms to the decoy customer. The Applicant was arrested on 24th January, 2026.
3.
The Applicant made an application seeking bail before the Additional Sessions Judge, Belapur. However, by order dated 4th February 2026, the said application was rejected. Hence, the Applicant is before this Court seeking the relief as prayed.
4.
Mr. Taraq Sayed, learned counsel for the Applicant, submits that the only act attributed to the present Applicant is that he offered to provide a packet of condoms to the decoy customer. Apart from this allegation, there is no other material on record to indicate his complicity in the offence. He thus prays that the Applicant be enlarged on bail. 5.
Mr. Mayur Sonavane, learned APP, contests the Bail Application, submitting that this is a serious offence and that the co-accused were living on the earnings of the prostitution. He submits that they were procuring the girls for the sake of prostitution and were running the prostitution in the vicinity of public places. He thus submits that the Bail Application be rejected.
6.
I have heard learned counsel appearing for the respective parties and perused the record with their assistance.
7.
A plain reading of the FIR indicates that the only role attributed to the Applicant is his willingness and act of offering to provide condoms to the decoy customer. There is no other material on record to indicate his complicity in the offence. In these circumstances, I am inclined to enlarge the Applicant on bail and it is ordered as under:
ORDER
i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.25,000/ with one or two local sureties in the like amount;
ii) The Applicant shall attend the Police Station concerned, on first Monday of every month between 10:00 a.m. and 12:00 p.m., till the charges are framed. He shall also attend the Trial Court concerned on each and every date as directed,
till the conclusion of the trial, save and except if the Applicant is exempted from appearance by orders of the Trial Court. iii) If the Applicant holds a passport, he shall deposit the same with the Police Station concerned;
iv) The Applicant shall not leave India, without permission of the trial Court;
v) Since the Applicant is a local resident of the State of Jharkhand, he shall not leave the State of Maharashtra, without prior permission of the Trial Court;
vi) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
vii) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and / or change of residence or mobile details, if any, from
time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; viii) The Applicant to co-operate with the conduct of the trial;
ix) Any infraction of the aforesaid conditions shall entail cancellation of bail.
8.
Application is allowed in the above terms and is accordingly disposed of.
9.
It is made clear that the observations made herein are prima facie and are confined to this Application and the Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein.
(Dr. Neela Gokhale, J)