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Bombay High Court

RANJITKUMAR MAHENDRA YADAVversusTHE STATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

The Court granted anticipatory bail to the applicant, subject to conditions, as there is no direct allegation against him and he has shown willingness to cooperate.

Summary

The applicant, Ranjitkumar Mahendra Yadav, sought anticipatory bail in a case where ten girls were rescued from a prostitution racket; although he is not named in the FIR, a sum of Rs. 50,000 was transferred to his account by the main accused. The Sessions Court had rejected his earlier bail application because he failed to appear in response to a notice under Section 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The applicant argued that he has now expressed readiness to cooperate and that a co‑accused, Gokul Laldhari Gupta, had been granted anticipatory bail on similar facts. The High Court examined the lack of any direct allegation against the applicant, the filing of the charge‑sheet, and the principle of parity with the other accused. Finding no material to presume his involvement and noting his willingness to attend the police station, the Court allowed the anticipatory bail with conditions of bond, surety, cooperation, and furnishing address details.

Issues considered

  • Whether anticipatory bail can be granted to a person not named in the FIR but alleged to have received money from the accused.
  • Whether the applicant's prior failure to appear under Section 179 BNSS bars the grant of anticipatory bail.
  • Whether parity with another accused who was granted anticipatory bail warrants a similar order.

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • money transfer allegation
  • Section 179 BNSS
  • parity in bail
  • Bharatiya Nyaya Sanhita
  • Immoral Traffic (Prevention) Act
  • POCSO
  • Juvenile Justice Act
  • Maharashtra Prohibition Act

Judgment

                                                      907-ABA-2731-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 2731 OF 2026
Ranjitkumar Mahendra Yadav                                ...Applicant
           V/S.
The State Of Maharashtra                                  ...Respondent
_____________________________________________________________
Adv. Jyotiram S. Yadav, for the Applicant.
Adv. Megha S. Bajoria, APP for the Respondent – State.
PSI - A. D. Lande, Crime Branch Unit-9, Mira-Bhayander, Vasai-Virar,
Police Station is present.
_________________________________________________________
                 CORAM : PRAFULLA S. KHUBALKAR, J.
                 DATE : 29TH 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 Protection of

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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.        Learned counsel for the applicant submits that in the same

offence another accused persons by name Mr. Gokul Laldhari Gupta, who

is attributed with similar role about receipt of certain amount from the




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accused persons, has been granted anticipatory bail by this Court by order

dated 26th September, 2026 vide ABA No. 2524 of 2026 and since similar

role is attributed to this applicant, he may also be granted with the

protection of anticipatory bail.

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. There is no dispute about grant of anticipatory bail

to other accused persons by name Mr. Gokul Laldhari Gupta, has referred

above, but it is submitted that this applicant has also not responded to

notice under Section 179 of BNSS and therefore for the purpose of

investigation, the applicant needs to be directed to disclose all the

transactions has demanded by the investigating agency.

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

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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

expressed readiness to attend the police station, his presence can be

secured by directing him to attend the police station.

8.        It has to be noted that the similarly placed accused by name Mr.

Gokul Laldhari Gupta, has been granted anticipatory bail vide order dated

22nd September, 2026 in ABA No. 2524 of 2026 and considering similar

role of this applicant, he also needs to be enlarged on bail.

9.        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 shown readiness to

attend and further considering parity with other accused persons, the

personal liberty of this applicant needs to be protected, subject to certain

conditions.

10.       Hence, I pass the following order :

                                 : ORDER :

                (i) The Anticipatory Bail Application is allowed.

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(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

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 and disclose all the

financial transactions demanded by Investigating

Officer.

(iv) The applicant shall extend cooperation during

investigation and trial.

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          (v) The applicant shall inform his residential address

          by supplying a copy of his Aadhar Card and PAN

          Card to the Investigating Agency.

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




                                (PRAFULLA S. KHUBALKAR, J.)




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