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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 144(2), 3(5)
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4
Subjects
- anticipatory bail
- Section 482
- sexual exploitation
- brothel
- Immoral Traffic (Prevention) Act
- cooperation with investigation
- bail conditions
Judgment
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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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