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
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 179
- Bharatiya Nyaya Sanhita (BNS), 2023 — s. 143(3), 143(4), 144, 3(5), 96, 98
- Immoral Traffic (Prevention) Act (PITA), 1956 — s. 3, 4, 5, 6
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 81, 87
- Maharashtra Prohibition Act — s. 65(e)
- Protection of Children from Sexual Offences Act (POCSO), 2012 — s. 12, 17, 18
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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