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Bombay High Court

RANJAN KUMAR YADAVversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, confirming the interim protection order, subject to prescribed conditions.

Summary

Ranjan Kumar Yadav applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case registered for alleged offences under Sections 144(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Immoral Traffic (Prevention) Act, 1956. The FIR was based on a complaint that a person named Gulab Yadav was operating a brothel, leading to a police raid and the apprehension of a victim. The applicant argued that there was no material linking him to the alleged exploitation and that the investigation was complete with a charge‑sheet already filed against another accused. The State contended that the applicant and Gulab Yadav were the same person and that financial transactions indicated involvement. The Court, after examining the FIR and noting the applicant’s cooperation and lack of prima facie evidence, confirmed the interim protection order and granted anticipatory bail with conditions, directing the applicant to continue cooperating and not influence witnesses.

Issues considered

  • Whether the applicant is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations under the Bharatiya Nyaya Sanhita and the Immoral Traffic (Prevention) Act, 1956.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • sexual exploitation
  • brothel
  • Immoral Traffic (Prevention) Act
  • cooperation with investigation
  • bail conditions

Judgment

                                                  917-ABA-2328-2026.odt

Harish



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

     ANTICIPATORY BAIL APPLICATION NO. 2328 OF 2026


Ranjan Kumar Yadav                                          ...Applicant

            V/S.

The State Of Maharashtra And Anr.                           ...Respondents

_____________________________________________________________

Adv. Shubham Shirsat i/b Vishal M Deshmukh, for the Applicant.

Adv. Megha S Bajoria, APP for the Respondent – State.

PSI - Anupama Patil, (Pairavi Officer), Sakinaka Police Station is present.

________________________________________________________

                       CORAM : PRAFULLA S. KHUBALKAR, J.
                       DATE : 03RD SEPTEMBER, 2026.

P.C. :-


1.          Heard learned counsel for the applicant as well as learned

APP for the respondent-state.


2.          The applicant has filed the instant application under Section

482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-
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arrest bail in Crime No. 138 of 2026 dated 12.02.2026, registered with

Sakinaka Police Station, Bhihanmumbai, for the offence punishable

under Sections 144(2) read with Section 3(5) of the Bharatiya Nyaya

Sanhita, 2023 and Sections 3, 4 and 4 of the Immoral Traffic

(Prevention) Act, 1956.


3.         The offence is registered on the basis of a report lodged by

the complainant alleging that some secret information was received

intimating that a person by name Gulab Yadav was running a brothel

and providing girls for prostitution. It is alleged in the report that after

receipt of information in this regard a dummy customer was sent to the

concerned hotel and subsequently raid was conducted. The police

apprehended the victim woman with dummy customer and thereafter,

the offence came to be registered.


4.         Learned counsel for applicant submits that there is no

material to show that this applicant was engaged in any act in the

nature of exploitation of trafficked person attracting section 144 of

BNS. Apart from this he submits that investigation in this matter is

almost complete and even charge-sheet is filed against the accused

person by name Akash Kumar alias Guddu Chandar Ram. He also
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states that the wife of the applicant had already been released on

anticipatory bail by order dated 6th July 2026 in ABA No. 819 of 2026.

He submits that considering the nature of allegations and offence and

since the investigation has been completed, his presence can be secured

by directing him to attend the police station and extend co-operation to

the investigating agency.


5.         Learned counsel for the applicant submitted that in

accordance with the interim protection order granted by this Court on

18th August, 2026, the applicant has attended the police station and has

joined the investigation. In view of the interim protection and the fact

that the charge-sheet is already filed, he prays for confirmation of the

interim protection.


6.         Learned APP for the respondent had opposed the

application and submitted that there is material to show that this

applicant and Gulab Yadav are the same persons who has received

certain amounts in his account and there is material to show that he is

involved in the alleged offence. However, it is not disputed that the

applicant has attended the police station on the date assigned and the

charge-sheet is already filed.
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7.         Perused the FIR and the documents placed on record. On

consideration of the allegations in the FIR, it appears that prima facie,

at this stage, there is no material to show that this applicant has

actually engaged in any act of exploitation of trafficked persons

attracting Section 144 of BNS. Apart from this, it has to be noted that

investigation in the matter is over and charge-sheet is already filed.

Further since the applicant has attended the police station on several

dates and is ready to extend cooperation as regards investigation

against him, the custodial interrogation of this applicant need not be

insisted. Considering all these aspects, the interim protection granted to

the applicant needs to be confirmed, subject to certain conditions.


8.         Hence, I pass the following order .


                            : ORDER :


              (i)      The Anticipatory Bail Application is
              allowed.

              (ii) In the event of arrest of the applicant in
              Crime No. 138 of 2026 dated 12.02.2026,
              registered    with   Sakinaka      Police   Station,
              Bhihanmumbai, for the offence punishable

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               under Sections 144(2) read with Section 3(5)
               of the Bharatiya Nyaya Sanhita, 2023 and
               Sections 3, 4 and 4 of the Immoral Traffic
               (Prevention) Act, 1956, he be released on
               bail on furnishing P. R. Bond of Rs. 25,000/-
               (Rupees Twenty Five Thousand         only) with
               one solvent surety of the like amount.

               (iii)   The applicant is directed to continue to

               extend cooperation as regards investigation

               against him.

               (iv)    The applicant is directed to attend the

               police station as and when called upon by the

               investigating agency.

               (v)        The applicant shall not directly or

               indirectly influence the prosecution witnesses.



9.        In view of this, the instant application is allowed and

disposed of.


                                   (PRAFULLA S. KHUBALKAR, J.)




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