Bombay High Court
NARESH KHEMRAJ JOSHIversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The anticipatory bail application is allowed as there is insufficient evidence to establish the applicant's participation or knowledge of the offences.
Summary
Naresh Khemraj Joshi, the lessee of a lodge where illegal prostitution was discovered during a police raid, applied for anticipatory bail under Sections 143(3) and 144(2) of the Bharatiya Nyaya Sanhita and Sections 3 to 6 of the Immoral Traffic Prevention Act. The State argued that the lease agreement and the alleged operation of a bar by the applicant indicated knowledge of the prostitution, citing a prior judgment. The court observed that there was no victim statement or any direct evidence linking the applicant to the crime, and emphasized that guilt cannot be presumed without proof. Consequently, the court found the applicant’s lack of criminal antecedents and the absence of incriminating evidence sufficient to grant bail. The order granted anticipatory bail with a cash bond, imposed conditions restricting contact with witnesses, interference with evidence, and mandated cooperation with investigators.
Issues considered
- Whether anticipatory bail should be granted when the applicant is merely the lessee of premises where prostitution occurred and no direct evidence links him to the offence.
- Whether the lease agreement and alleged operation of a bar constitute sufficient grounds to deny bail.
- Interpretation of Sections 143(3), 144(2) of the Bharatiya Nyaya Sanhita and Sections 3‑6 of the Immoral Traffic Prevention Act in relation to a lessee’s liability.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 143(3), 144(2)
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
Subjects
- anticipatory bail
- illegal prostitution
- lease agreement
- knowledge
- presumption of guilt
- Bharatiya Nyaya Sanhita
- Immoral Traffic Prevention Act
- bail conditions
Judgment
2026:BHC-AUG:39981
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
929 ANTICIPATORY BAIL APPLICATION NO. 1461 OF 2026
NARESH KHEMRAJ JOSHI
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. Shrikrashna B. Solanke, Advocate for Applicant
Mr. S. B. Narwade, APP for the Respondent/State
CORAM : R. M. JOSHI, J.
DATED : 2nd SEPTEMBER, 2026
PER COURT :-
1. Applicant seeks pre arrest bail in connection with Crime No. 299/2026,
registered with Kallam Police Station, District Dharashiv, for the offences
punishable under Sections 143(3), 144(2) of the Bharatiya Nyaya Sanhita and
under Sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act.
2. The First Information Report indicates that, on the basis of information
received by the concerned Police Station, a raid was conducted at Prabhat
Lodge with the help of a decoy customer. It was found that illegal prostitution
was being carried out at the said place. At the said place, two persons, who
were working as the Manager and customer, respectively, were arrested. As far
as the present applicant is concerned, he is stated to be the lessee of the said
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property.
3. The learned Advocate for the applicant submits that the applicant has
no criminal antecedents and, except for the fact that the applicant is the lessee
of the said property, there is no evidence to connect the applicant with the
crime.
4. The learned APP opposed the grant of any relief to the applicant by
referring to the lease agreement between the owner of the property and the
present applicant. It is his submission that, as per the report of the
Investigating Officer, the applicant is conducting a bar in the said premises,
which, according to him, indicates that the applicant had knowledge that
prostitution was being carried out in the said lodge. He drew attention of the
Court to the judgment of Division Bench of this Court in case of Feedom Firm
Vs. Commissioner of Police, Pune and Ors., in Cr. Public Interest Litigation No.
4 of 2015, decided on 30.10.2025.
5. Prima facie perusal of the police papers does not indicate any statement
having been made by the victim implicating the present applicant in the
crime. As far as the present case is concerned, except for the fact that the
applicant is the lessee of the said premises, there is nothing to indicate that he
had any knowledge about prostitution being carried out at the said lodge.
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There can be no presumption of guilt unless supported by evidence.
6. In view of the above, application deserves to be allowed. Hence, the
following order.
ORDER
(i) Application is allowed.
(ii) In the event of arrest of applicant in connection with
Crime No. 299/2026, registered with Kallam Police Station,
District Dharashiv, for the offences punishable under Sections
143(3), 144(2) of the Bharatiya Nyaya Sanhita and under
Sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act,
he shall be released on bail on furnishing PR Bond of
Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent
surety in the like amount.
(iii) He shall not contact the witnesses directly or indirectly.
(iv) He shall not interfere with the evidence in any manner
whatsoever.
(v) He further directed to cooperate the investigating
agency for further investigation.
( R. M. JOSHI, J.)
ssp
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