GOKUL LALDHARI GUPTAversusTHE STATE OF MAHARASHTRA AND ANR

                                                    902-ABA-2524-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 2524 OF 2026
Gokul Laldhari Gupta                                    ...Applicant
           V/s.
The State Of Maharashtra And Anr.                       ...Respondents
_____________________________________________________________
Adv. Prabhanjay Dave a/w Tanmay Tendulkar, Shankar Ambhure, for the
Applicant.
Adv. Bapu V. Holambe, APP for the Respondent – State.
________________________________________________________
                CORAM : PRAFULLA S. KHUBALKAR, J.
                DATE : 22ND 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 applicant seeking pre-

arrest bail in Crime No. 222 of 2026 dated 27.02.2026, registered with

Naigaon Police Station, Mira-Bhayander, Vasai-Virar, for the offence

punishable under Sections 96, 98, 143(3), 143(4) and 144 read with

Section 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023, with Sections 3, 4,

5 and 6 of the Immoral Traffic (Prevention) Act (PITA), 1956, Sections

12, 17 and 18 of the Protection of Children from Sexual Offences Act

(POCSO), 2012, Sections 81 and 87 of the Juvenile Justice (Care and

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Protection of Children) Act, 2015 and Section 65(e) of the Maharashtra

Prohibition Act.

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

constable of Crime Branch, alleging that on 27.02.2026, a raid was

conducted in which it was found that ten girls were detained for

prostitution at Selfie Hotel, Naigaon, where illegal business of earning on

the basis of prostitution of victim girls was carried out. The victims were

rescued from the said hotel and FIR No. 222 of 2026 came to be registered

against eight known persons. This applicant is not named in the FIR.

4.           Learned counsel for the applicant submits that the applicant

is not named in the FIR. He also submits that the charge-sheet is already

filed and there is nothing on record to show any involvement of this

applicant in any of the alleged offences. He submits that the applicant

apprehends arrest in this case only because he has failed to appear in

response to the notice under Section 179 of Bharatiya Nagarik Suraksha

Sanhita (BNSS), 2023. He also submits that the bail application came to

be rejected by the Sessions Court only on the ground of failure of the

applicant to appear in response to the notice under Section 179 of BNSS.

5.           He submits that this applicant has extended cooperation to

the Investigating agency and has attended the police station in accordance

with the interim protection order dated 08th September, 2026 passed by



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this Court. He submits that the applicant has not misused the liberty and

therefore, prays for confirmation of the interim protection.

6.           The learned APP for respondent submits that although this

applicant is not named in the FIR, there is some material to show that an

amount of Rs. 50,000/- was transferred to this applicant by the main

accused persons. However, there is no dispute that the charge-sheet is

already filed and this applicant has attended the police station in

accordance with the interim protection order.

7.           Perused the FIR and documents placed on record. It has to

be noted that this applicant is not named in the FIR. The report

specifically mentions the names of persons who are allegedly involved in

the offence and no role is attributed to this applicant. As such, only

because a certain amount was found transferred to the account of this

applicant by other accused persons, the involvement of this applicant

cannot be presumed at this stage. It has to be noted that the charge-sheet is

already filed and there is no question of any recovery from this applicant.

The presence of this applicant can be secured by directing him to attend

the police station and extend cooperation. Pertinent to note, the Sessions

Court has rejected the application mainly on the ground that this applicant

had failed to assist the investigation by not appearing in response to the

notice under Section 179 of BNSS. However, in view of the fact that now

the applicant has attended the police station, there is nothing to indicate

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that his presence cannot be secured.

8.           In view of the fact that this applicant is not named in the FIR

and the charge-sheet is already filed against the other accused persons and

further considering the fact that the applicant has attended the police

station in accordance with the interim protection order, the interim

protection needs to be confirmed, subject to certain conditions.

9.           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. 222 of 2026 dated 27.02.2026, registered with

               Naigaon Police Station, Mira-Bhayander, Vasai-

               Virar, for the offence punishable under Sections

               96, 98, 143(3), 143(4) and 144 read with Section

               3(5) of Bharatiya Nyaya Sanhita (BNS), 2023,

               with Sections 3, 4, 5 and 6 of the Immoral Traffic

               (Prevention) Act (PITA), 1956, Sections 12, 17

               and 18 of the Protection of Children from Sexual

               Offences Act (POCSO), 2012, Sections 81 and 87

               of the Juvenile Justice (Care and Protection of

               Children) Act, 2015 and Section 65(e) of the

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         Maharashtra Prohibition Act, 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 shall attend the Investigating

         Agency whenever called upon.

         (iv) The applicant shall extend cooperation during

         investigation and trial.

         (v) The applicant shall inform his residential

         address by supplying a copy of his Aadhar Card

         and PAN Card to the Investigating Agency.

16.   The Anticipatory Bail Application is allowed and disposed of.


                               (PRAFULLA S. KHUBALKAR, J.)




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