Created by Fuzzy Cloud

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

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.

                                                      1/4
                                                        23aba1835-26.doc

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

                                 2/4
                                                           23aba1835-26.doc

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

                                 3/4
                                                           23aba1835-26.doc

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.)



                                     4/4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.