Created by Fuzzy Cloud

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

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


osk                                1 of 5
                                                       23-ABA-204-2026 (CR).docx


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


osk                              2 of 5
                                                         23-ABA-204-2026 (CR).docx


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


osk                               3 of 5
                                                23-ABA-204-2026 (CR).docx


      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.




osk                       4 of 5
                                                       23-ABA-204-2026 (CR).docx




              (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. ]




osk                                5 of 5


Continue reading with your account

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

Sign in to read

Checking your session…

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