Oajed Ali Khan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1131 OF 2026 Oajed Ali Khan ... Applicant Versus.

The State Of Maharashtra ... Respondent ----- Mr. Omkar Jadhav, for the Applicant.

Mr. Sukanta Karmakar, APP for the Respondent - State. ------- CORAM : ASHWIN D. BHOBE, J.

DATE : 5th May, 2026.

P.C. :

1.

By the present Application, the Applicant seeks pre-arrest bail, apprehending arrest in Crime No. F.I.R. No. 47 of 2026 dated 24.03.2026 registered with Pen Police Station, Raigad District, for offences punishable under Sections 143(3) and 3(5) of the Bharatiya Nyasa Sanhita, 2023, and Sections 3, 4 and 5 of the Suppression of Immoral Traffic in Woman And Girls, Act 1956, as revised to The Immoral Traffic (Prevention) Act, 1956. 2.

The case of the prosecution is that, acting on credible secret information, a raid was conducted at "Celebration Resort", Raigad District, where prostitution was being carried out in an organised

manner. A dummy customer was deployed, marked currency notes were used and upon confirmation, the raid was conducted. During the raid, the Manager, workers and women involved in prostitution were apprehended. Incriminating articles, such as cash registers, were seized. The Applicant is connected with the premises and the business conducted there, being one of the persons holding the Leave and License Agreement dated 10.10.2025.

3.

Mr. Omkar Jadhav, learned Advocate for the Applicant, submits that the Applicant is not involved in the present crime. He submits that during the raid, the Applicant was not in the State of Maharashtra but in the State of Bengal. He states that the Applicant had abandoned the Leave and License Agreement. He submits that the main accused in the crime has been released on bail. He submits that the statement of the victim recorded is that of the wife of the Applicant, who has a domestic dispute with the Applicant and as such, she has made allegations against him. 4.

Mr. Sukanta Karmakar, learned APP for the Respondent - State, submits that the victim, whose statement is recorded under

Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has categorically named the Applicant in the present crime. He submits that the Leave and License Agreement record the Applicant as having taken the premises for a period of 36 months. He submits that the Applicant is involved in the commission of an offence of prostitution, which is part of a larger network. He submits that the co-licensee in the Leave and License Agreement dated 01.10.2025 is still absconding. He states that the investigation has revealed call transactions between the Applicant and the co-accused and there are financial transactions between the Applicant and other co-accused. He submits that, as the offences are serious, the custodial interrogation of the Applicant is required. 5.

The allegations pertain to organized immoral trafficking, involving the exploitation of vulnerable women for commercial gain. One victim, in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has implicated the Applicant in the crime. The Applicant is connected to the premises used for prostitution. Considering the nature and gravity of the allegations, a prima facie case is made out against the Applicant.

The Applicant is therefore not entitled to any indulgence. 6.

Criminal Anticipatory Bail Application No. 1131 of 2026 is rejected.

(ASHWIN D. BHOBE, J.) Digitally signed by ARJUN KRISHNA RODGE Date:

2026.05.09 12:15:51 +0530 ARJUN KRISHNA RODGE