Bombay High Court
LAXMAN KIRAN BIRAJDARversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The court held that the anticipatory bail application must be rejected as there is prima facie evidence of the applicant's involvement in serious trafficking offences.
Summary
Laxman Kiran Birajdar, the owner of a hotel‑cum‑lodge in Dharashiv district, applied for anticipatory bail after a police trap uncovered an alleged prostitution racket operating from his premises. The prosecution alleges that Birajdar, in collusion with managers, ran an organized trafficking operation violating Sections 143, 144, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act, 1956, and that substantial digital and financial evidence links him to the crime. Birajdar contends he is falsely implicated, that ownership alone does not prove participation, and that the seized bank transactions are legitimate business dealings. The State argues the offence is serious, cites prior interim relief and threatening social media posts, and asserts custodial interrogation is necessary. The court, finding prima facie evidence of Birajdar's involvement and considering the seriousness of the offences, rejected the anticipatory bail application.
Issues considered
- Whether the applicant is entitled to anticipatory bail despite allegations of involvement in human trafficking and prostitution offences.
- Whether ownership of the premises and alleged financial transactions constitute sufficient grounds to infer participation in the offences.
- Whether the seriousness of the offences under BNS and PITA precludes the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 143, 144, 3(5)
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5
Subjects
- anticipatory bail
- human trafficking
- prostitution
- Bharatiya Nyaya Sanhita
- Immoral Traffic (Prevention) Act
- serious offence
- ownership liability
Judgment
2026:BHC-AUG:38135
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 2146 OF 2025
LAXMAN KIRAN BIRAJDAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
Mr. Ganesh J. Kore, Advocate for Applicant
Mr. S. B. Narwade, APP for the Respondent/State
CORAM : R. M. JOSHI, J.
DATED : 20th AUGUST, 2026
PER COURT :-
1. The Applicant has approached this Court seeking anticipatory bail in
connection with Crime Report bearing No. 317 of 2025 dated 28.10.2025
registered at Murum Police Station, District Dharashiv for the offence
punishable under Sections 143, 144, 3(5) of Bharatiya Nyaya Sanhita, 2023
(for short “BNS”) and under Sections 3, 4, 5 of Immoral Traffic (Prevention)
Act, 1956 (for short “PITA”).
2. The case of the prosecution is that the Anti-Human Trafficking Cell,
Dharashiv, led by Police Inspector R. S. Gaikwad along with Woman Police
Head Constable Venutai Popat Puri, received specific confidential intelligence
regarding an illegal prostitution racket operating out of an unnamed hotel-
cum-lodge located in a tin shed at Gut No. 365, Yenegur Shivara, along the
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Solapur–Hyderabad Highway. Upon obtaining necessary authorization from
the Sub-Divisional Police Officer, Umarga, a trap was laid. Two independent
panchas were requisitioned at Murum Police Station, and a private individual,
Sachin Tukaram Kamble, agreed to act as a decoy customer (punter). The pre-
planned trap was executed, and thereafter the spot panchnama and
preliminary investigation revealed that the premises owner, Laxman Kiran
Birajdar, the present Applicant, in collusion with managers Sanjay Bansode
and Malang Bhojegawar, was running an organized commercial prostitution
enterprise. The accused were soliciting incoming customers at a rate of
₹1,500 per transaction, housing vulnerable women on the premises, and
inducing them into commercial sex work for financial exploitation. All
incriminating articles, digital evidence, accounting logs, and currency notes
were formally seized under panchnama in the presence of independent
witnesses. Consequently, the First Information Report (F.I.R.) was registered at
Murum Police Station.
3. The Learned Counsel for the Applicant submits that the Applicant is
falsely implicated in the present crime and that the Applicant is running a
hotel in the village and has been roped into the crime due to the enmity with
the villagers. He further submits that the ownership of the hotel per se does
not automatically indicate the involvement of the Applicant in trafficking
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unless there is clear, conscious role attributed to the Applicant which is absent
in the present case. Thereafter, he submits that the alleged Rs. 19 Lakh bank
transactions are purely business related and having such transactions cannot
amount to illegal earnings without a documentary proof linking it to
trafficking. Lastly, he submits that there are no incriminating materials or
articles recovered from the Applicant personally and he has no criminal
antecedents.
4. The Learned A.P.P. for Respondent State 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. He points out the earlier orders of this
Court wherein the interim relief was granted by the earlier order dated
23.12.2025 was later challenged due to the subsequent developments
reflected in the order dated 26.12.2025, showing the conduct of the Applicant
having made threatening posts on his social media account. He further took
this court through the investigation papers which show that the Applicant is
the owner of the hotel wherein the illegal activities were being carried out.
Therefore, custodial interrogation is necessary for proper investigation of the
present crime.
5. Prima facie perusal of the investigation papers indicate that the
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Applicant is the owner of the hotel wherein illegal activities under PITA were
being carried out. This is not the case whereas the Applicant is falsely
implicated. The material on record clearly shows the complicity of the
Applicant in the crime. The conduct of the Applicant after grant of interim
relief is duly taken into account. The investigation papers indicate that there
is sufficient evidence being collected to show the involvement of the Applicant
in crime in question. Moreover, the offence is of serious nature and thus, this
is not a fit case to release the Applicant on anticipatory bail.
6. In view of the above, the application stands rejected.
( R. M. JOSHI, J.)
ssp
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