Bombay High Court
AUDUMBAR DNYANDEV GAIKWADversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Allowed
Holding
Anticipatory bail is granted to the applicant subject to stringent conditions.
Summary
The applicant, owner of Swagat Lodge, sought anticipatory bail in connection with an FIR alleging offences under the Immoral Traffic (Prevention) Act, 1956 and the Bharatiya Nyaya Sanhita, 2023. The prosecution argued that the applicant facilitated a prostitution racket, while the applicant contended he was falsely implicated, had no criminal record, and was not named in the FIR. The court examined the investigation report, noting that the statements of the lodge manager did not implicate the applicant and that he was not a named accused. Considering the applicant's lack of antecedents, community standing, and the possibility of imposing conditions, the court granted anticipatory bail. The bail was conditioned on regular police reporting, cooperation with investigation, non‑interference with witnesses, submission of identity documents, and surrender of passport.
Issues considered
- Whether anticipatory bail can be granted in a case involving serious offences under the PITA Act and the Bharatiya Nyaya Sanhita.
- Whether the applicant, though not named in the FIR, is a prima facie accused liable to be detained for investigation.
- Whether imposing conditions suffices to mitigate concerns of flight risk and tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 143(2), 143(3), 3(5)
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
Subjects
- anticipatory bail
- immoral traffic
- prostitution
- Bharatiya Nyaya Sanhita
- bail conditions
- criminal procedure
- lodging business
- flight risk
Judgment
23-ABA-204-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 204 OF 2026
Audumbar Dnyandev Gaikwad … Applicant
Versus
The State Of Maharashtra And Anr. … Respondents
——————
Mr. Gaurav K. Kalekar for the Applicant.
Mr. Nitin B. Patil, A.P.P. for the Respondent-State.
——————
Coram : MEHROZ K. PATHAN, J.
Date : 22nd June 2026.
PER COURT :
1. The Applicant has approached this Court seeking anticipatory bail in
connection with F.I.R. No. 0149, dated 15/03/2026, registered with
Tembhurni Police Station, District Solapur Rural, for the offences punishable
under Sections 3, 4, 5, 6 Immoral Traffic (Prevention) Act, 1956 (PITA Act)
and Sections 143(2), 143(3), 3(5) of The Bharatiya Nyaya Sanhita, 2023
(BNS).
2. Learned counsel for the Applicant Mr. Gaurav Kalekar submits that the
Applicant is falsely implicated in the present crime. The Applicant is the
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owner of the Swagat lodge, where the girl was found along with one of the
dummy customer. The allegations in the F.I.R. itself would suggest that the
Applicant was not even present at the time of the conducting of the raid. The
accused -Siddhant S. Gaikwad was appointed as a Manager of the said lodge.
The Applicant was unaware of any such racket of prostitution being run by
the Swaranjali Loknatya Kala Kendra. The record itself would suggest that
the entries of the persons visiting the lodge is taken and noted down in the
register. The Applicant is legally running the lodge by appointing Manager
and following all the requisite procedures. The Applicant is not having any
criminal antecedents and is ready to abide any conditions that may be
imposed by this Court. Hence, the Applicant may be protected.
3. As against this, learned A.P.P. strongly opposes the anticipatory bail
application on the ground that the Applicant is involved in serious offence of
trafficking of women for the purpose of prostitution and forced the women
into the prostitution. Though the Applicant is not named in the F.I.R., the
name of the Applicant is revealed during the course of the investigation of
arrested accused Siddhant Gaikwad, who was working as a Manager of the
said lodge, where the girl was found to be in company of the dummy
customer at room No.5 of the lodge. The Applicant is aware of the
prostitution racket being run at the instance of the Swaranjali Loknatya Kala
Kendra and the girls being taken to the lodge of the present Applicant. The
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Applicant has thus facilitated the commission of the said crime knowingly
and is therefore one of the prime accused. Therefore custodial interrogation
is necessary for proper investigation of the present crime. There are 25 girls,
who were rescued in the said raid conducted by the Police Authority. Thus,
this is not a fit case to release the Applicant on anticipatory bail. The offence
is serious in nature and hence, the anticipatory bail may not be granted.
4. I have gone through the investigation papers made available by the
learned A.P.P.. Out of the six accused persons directly mentioned in the F.I.R.,
five accused persons are already arrested. The statements of accused
Siddhant Gaikwad, who happens to be Manager of the Swagat Lodge
recorded while he was in custody, does not show that the Applicant was
having any knowledge about the prosecution racket being run by the
Swaranjali Loknatya Kala Kendra. The Applicant is not having any criminal
antecedents and is ready to abide any conditions that may be imposed by this
Court. The Applicant is not even named in the F.I.R.. The Applicant is the
owner of the said lodge and is having deep roots in the society and does not
appear to be flight risk. The apprehension of the learned A.P.P. can be taken
care of by imposing appropriate conditions. Hence, the following order :-
ORDER
i. The Application is allowed.
ii. In the event of arrest of the Applicant - Audumbar Dnyandev
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Gaikwad, he be released on bail in connection with F.I.R. No.
0149, dated 15/03/2026, registered with Tembhurni Police
Station, District Solapur Rural, for the offences punishable
under Sections 3, 4, 5, 6 Immoral Traffic (Prevention) Act, 1956
(PITA Act) and Sections 143(2), 143(3), 3(5) of The Bharatiya
Nyaya Sanhita, 2023 (BNS), on furnishing P.R. Bond of Rs.
50,000/- (Rupees Fifty Thousand only) with one or two solvent
sureties in the like amount, on the following conditions :-
(A) The Applicant shall attend the concerned Police Station
and report to the Investigating Officer on every Thursday
and Friday, between 11:00 a.m. and 01:00 p.m. till filing
of charge-sheet against the present Applicant, if any.
(B) The Applicant shall also cooperate with the investigation.
(C) The Applicant shall not pressurize the prosecution
witnesses and shall not tamper with the prosecution
evidence, in any manner.
(D) The Applicant shall submit his Aadhar Card and Pan Card
to the Investigating Officer along with mobile numbers
and addresses of two of his near relatives.
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(E) The Applicant shall surrender his Passport, if any and
shall not leave the country without prior permission of
the trial Court.
5. Needless to say, a Single violation of any of the conditions imposed by
this Court shall entitle the prosecution and the complainant to seek
cancellation of bail of the present Applicant.
6. The Application stand disposed of accordingly.
[ MEHROZ K. PATHAN, J. ]
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