Bombay High Court
SANJAY SHIVAJI BANSODEversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
Bail was granted to the applicant with specified conditions.
Summary
The applicant, Sanjay Shivaji Bansode, a manager of a hotel, was charged under Sections 143, 144 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4 and 5 of the Prevention of Immoral Traffic Act, 1956 for allegedly procuring girls from Bengal and Bangladesh for prostitution. The prosecution argued that the applicant was involved in similar prior offences and might flee or tamper with evidence if released. The defence contended that the applicant was merely a manager, not a participant, that the owner had already been bailed, and that the maximum punishment was only three years, making continued detention unnecessary. The court noted that the investigation was complete, the charge‑sheet filed, and the alleged offence carried a relatively low maximum term, and therefore found no compelling reason to keep the applicant in custody. Consequently, the bail application was allowed subject to a personal bond, surety, and conditions restricting contact with witnesses and victims.
Issues considered
- Whether bail should be granted to the accused under the Bharatiya Nyaya Sanhita and the Prevention of Immoral Traffic Act considering the nature of the offence, the maximum punishment, and the risk of flight or tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 143, 144, 3(5)
- Prevention of Immoral Traffic Act, 1956 — s. 3, 4, 5
Subjects
- bail
- immoral traffic
- prostitution
- Bharatiya Nyaya Sanhita
- Prevention of Immoral Traffic Act
- flight risk
- conditions of bail
Judgment
Dilwale 1 924-BA-341-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 BAIL APPLICATION NO. 341 OF 2026
Sanjay Shivaji Bansode
VERSUS
The State Of Maharashtra
...
Advocate for Applicant : Mr. Gangakhedkar Shailendra S
APP for Respondent-State: Mr. S. V. Hange
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 17.06.2026
PER COURT :
1. Heard the learned counsel for the applicant and the learned APP
for the Respondent-State.
2. By this application, the applicant seeks his release on bail in
connection with Crime No. 0317 of 2025 registered with Murum Police
Station, Osmanabad, for the offences punishable under Sections 143, 144
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3, 4
and 5 of the Prevention of Immoral Traffic Act, 1956.
3. The brief facts of the prosecution case are that when Police
Personnel conducted raid on Hotel Driver Dhaba, three victims girls were
found in the hotel rooms who were residents of Bengal and Bangladesh.
The manager of the Hotel/applicant was involved in immoral traffic for
the purpose of prostitution and thereby present FIR came to be
registered.
Dilwale 2 924-BA-341-26.odt
4. Learned counsel for the applicant submits that the applicant was
working as a Manager in the concerned lodge and was not involved in
any illegal activities. It is further submitted that the owner of the said
lodge, namely Laxman Birajdar, has already been released on bail by this
Court. Learned counsel submits that the maximum punishment
prescribed for the offences alleged against the applicant is up to three
years. Therefore, no useful purpose would be served by keeping the
applicant behind bars, particularly when the investigation is completed
and the charge-sheet has been filed.
5. The learned APP strongly opposed the application. It is submitted
that the applicant is involved in similar offences and that two other
crimes of a similar nature have been registered against him. It is further
submitted that if the applicant is released on bail, there is every
possibility that he may not remain available for trial and may again
indulge in similar activities. According to the prosecution, the applicant
and the co-accused were involved in procuring girls, including those from
Bengal and Bangladesh, for prostitution. The learned APP pointed out
that statements of the victim girls recorded in the connected crimes
indicate the involvement of the applicant. On these grounds, the
application is opposed.
6. I have gone through the copy of the FIR and the documents
annexed with the charge-sheet. The investigation is already completed
and the charge-sheet has been filed. It appears that the applicant was
Dilwale 3 924-BA-341-26.odt
working as a Manager in the concerned establishment. It is also not
disputed that the owner of the premises has already been released on bail
by this Court. The allegations against him are primarily under the
provisions of the Immoral Traffic (Prevention) Act, 1956 and the
maximum punishment prescribed for the said offences is up to three
years. Considering the aforesaid circumstances, I am of the view that
further detention of the applicant is not necessary.
7. Hence, the following order :
ORDER
(i) The application is allowed.
(ii) The applicant - Sanjay Shivaji Bansode shall be released on bail in
connection with Crime No. 0317 of 2025 registered with Murum Police
Station, Osmanabad, on furnishing P.R. bond of Rs.15,000/- and a solvent
surety in the like amount to the satisfaction of the Trial Court.
(iii) The release of the applicant shall be subject to the following
conditions :-
A) The applicant shall attend each and every date before the Trial
Court unless exempted by the Trial Court.
B) The applicant shall not directly or indirectly make any
inducement, threat or promise to any prosecution witness and
shall not tamper with the prosecution evidence in any manner.
C) The applicant shall attend the concerned police station as and
when required by an Investigation Officer for further
investigation, if any.
Dilwale 4 924-BA-341-26.odt
D) The applicant shall not in any manner whatsoever contact the
victim girls till the culmination of the Trial.
8. Needless to state that breach of any of the above conditions shall
entitle the prosecution to seek cancellation of bail.
9. The observations made herein are prima facie in nature and the
learned Trial Court shall not be influenced by the same while deciding
the case on its own merits.
10. The Bail Application stands disposed of accordingly.
11. Bail before the Trial Court.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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