Bombay High Court
VIDULATA SRINIWAS PUJARI @ PAROversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- ANTICIPATORY BAIL GRANTED
Holding
Anticipatory bail is granted to the applicant subject to specified conditions.
Summary
The applicant, Vasant Anandrao Idhol, was named as accused No.2 in a case registered under Sections 3, 4, 5 and 7(1(b)) of the Immoral Traffic (Prevention) Act, 1956 for allegedly controlling a brothel. She filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, asserting that there is no evidence of force against the women and that she is willing to cooperate with the investigation. The State opposed, contending that she had not disclosed the identity of the brothel owner and that further investigation was required. The Court observed that the applicant had already joined the investigation, no coercion of the women was shown, and that she could be directed to continue cooperating. Consequently, the Court granted anticipatory bail with conditions including a surety bond, attendance at the police station when called, and a prohibition on future similar offences, and disposed of the application.
Issues considered
- Whether anticipatory bail should be granted to the accused under the Immoral Traffic (Prevention) Act when investigation is ongoing
- Whether the applicant’s cooperation with the investigation satisfies the requirements for bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 7(1(b))
Subjects
- anticipatory bail
- Immoral Traffic (Prevention) Act
- brothel
- cooperation with investigation
- Section 482
- bail conditions
Judgment
23aba1835-26.doc
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1835 OF 2026
VASANT
ANANDRAO
IDHOL
Vidulata Sriniwas Pujari @ Paro ...Applicant
V/s.
Digitally signed The State of Maharashtra ..Respondent
by VASANT
ANANDRAO
IDHOL
Date: 2026.09.28
19:48:18 +0530 Mr.Tanmay Tendulkar i/b Mr.Prabhanjay R. Dave and Mr.Shankar
Ambhore for the Applicant.
Mr.Prasanna P. Malshe, APP for Respondent – State.
Mr.Sharad Dhole, IO/PSI, Pairavi Officer, D.B. Marg Police Station is
present in Court.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 28TH SEPTEMBER, 2026.
P.C. :-
1. Heard learned counsel for applicant as well as learned APP
for respondent.
2. The applicant has filed instant application under Section
482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-
arrest bail in Crime No. 789 of 2026 dated 20.05.2026, registered
with D. B. Marg Police Station, Brihanmumbai, for the offence
punishable under Sections 3, 4, 5 and 7(1(b) of the Immoral Traffic
(Prevention) Act, 1956.
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3. The offence is registered on the basis of the report lodged
by the police official after the raid was conducted in the concerned
premises and the offence is registered against two accused persons,
including this applicant, who is arraigned as accused no.2. The
offence is registered mainly on the allegation that this applicant was
in control of the brothel on the said premises.
4. Learned counsel for applicant submits that there is
nothing to indicate that the victim girls were forcefully made to
indulge into the business of prostitution. He states that there is
nothing to show any direct evidence against this applicant attracting
the alleged offences.
5. Learned counsel for applicant also submits that the
alleged offences are punishable up to seven years and the applicant
is ready to join the investigation and extend cooperation. He submits
that in accordance with the interim protection order dated 15 th July,
2026, this applicant has joined the investigation and attended the
Police Station and is ready to continue co-operation to the
Investigating Agency.
6. Learned APP has opposed the application and submitted
that the offence is registered in view of the raid conducted on the
premises which is under the control of this applicant. He submits
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that the applicant has although attended the Police Station on the
dates as directed by this Court but has not extended co-operation
since she has not revealed the details of the owner and has simply
stated that the owner has died. He therefore, submits that further
investigation in this regard needs to be conducted.
7. Perused the FIR and the documents placed on record. It
has to be noted that the applicant is arraigned as accused no.2 in
view of the allegations that she was in control of the said brothel. It
has to be noted that there is nothing to indicate that any women
was forced to work as prostitute. Further, considering the nature of
offence, the further investigation can be carried out by directing the
applicant to extend her co-operation during the investigation.
8. Although the offence is registered against above
mentioned sections, it appears that the applicant’s involvement is on
the basis of allegation that she is in control of a brothel. At this
stage, when the investigation is in progress, the applicant needs to
be directed to join the investigation and extend cooperation by
attending police station whenever called upon by the Investigating
Officer.
9. Considering the fact that the applicant has already joined
the investigation and has attended the Police Station, the custodial
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interrogation of this applicant need not be insisted. Accordingly,
interim protection granted by this Court needs to be confirmed
subject to certain conditions. Hence I pass the following order :-
ORDER:
a). The anticipatory bail application is allowed.
b). In the event of arrest of the applicant in Crime No.789
dated 20.05.2026, registered with D. B. Marg Police Station,
Brihanmumbai, for the offence punishable under Sections 3, 4, 5
and 7(1(b) of the Immoral Traffic (Prevention) Act, 1956. she be
released on bail on furnishing P. R. Bond of Rs.25,000/- with one
solvent surety in the like amount.
c). The applicant shall attend the Police Station as and when
called upon by the Investigating Agency.
d). The applicant shall not indulge in similar offences in future.
e). The applicant shall not pressurize any of the prosecution
witnesses and shall extend co-operation during the investigation and
trial.
9. The anticipatory bail application is allowed and disposed
of.
(PRAFULLA S. KHUBALKAR, J.)
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