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Bombay High Court

NITIN BABURAO DHONEversusTHE STATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

Bail was granted to the applicants on the ground of parity with the co‑accused, subject to personal bond and standard conditions.

Summary

The applicants, Pankaj Bhaskar Pawar and Nitin Baburao Dhone, were arrested for allegedly facilitating prostitution under the Bharatiya Nyaya Sanhita, 2023 and the Immoral Traffic (Prevention) Act, 1956 after a police raid on Aryan Lodge uncovered prostitution activities. The prosecution alleged that the applicants suggested a victim to go to the lodge for prostitution. Both applied for bail, invoking parity with a co‑accused, Rizwana Jabir Shaikh, who had been granted bail by the same court. The court examined whether the parity principle justified bail and whether the applicants satisfied the conditions for bail under the relevant statutes. Finding no substantive reason to deny bail and noting the precedent of the co‑accused’s release, the court granted bail to both applicants on personal bond with sureties and imposed standard conditions.

Issues considered

  • Whether bail should be granted to the applicants on the ground of parity with a co‑accused who was released.
  • Whether the allegations under the Bharatiya Nyaya Sanhita, 2023 and the Immoral Traffic (Prevention) Act, 1956 preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • parity principle
  • prostitution
  • Bharatiya Nyaya Sanhita
  • Immoral Traffic (Prevention) Act
  • criminal procedure

Judgment

                                                            1
                                                           22-BA-3683-2025 AW 88-BA-3705-2025 (CR).DOC


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIRCUIT BENCH AT KOLHAPUR
                                          CRIMINAL APPELLATE JURISDICTION

                                     CRIMINAL BAIL APPLICATION NO. 3683 OF 2025

                         Pankaj Bhaskar Pawar                                   ...Applicant
                               Vs.
                         State of Maharashtra                                   ...Respondent

                                                       WITH
                                     CRIMINAL BAIL APPLICATION NO. 3705 OF 2025

                         Nitin Baburao Dhone                                    ...Applicant
                               Vs.
                         The State of Maharashtra                               ...Respondent
                                                        -----
          Digitally
                         Mr. Santosh Potdar a/w Mr. Javed Shaikh, Mr. Shreyas Samant, Adv.
          signed by
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
                         Jolly Bhuttelo and Mr. Santosh Chougule, for Applicant in
          2026.01.28
          19:37:34
          +0530
                         BA/3683/2025.
                         Mr. Jaydeep Mane, for Applicant in BA/3705/2025.
                         Mr. P. P. Deokar, APP, for the Respondent-State in BA/3683/2025.
                         Dr. A. A. Takalkar, APP, for the Respondent-State in BA/3705/2025.
                                                          -----


                                                CORAM       :     NITIN B. SURYAWANSHI, J.
                                                DATE        :     28th JANUARY 2026.
                         P.C.

                         1.          Both the Applicants seek bail in Crime No.690 of 2025

                         registered with Mohol Police Station, Solapur Rural, for the offences

                         punishable under Sections 143(2), 144(2), 3(5) of the Bharatiya

                         Nyaya Sanhita, 2023 (for short, “BNS Act”) and Sections 3, 4, 5 and 6

                         of the Immoral Traffic (Prevention) Act, 1956.

                Shantanu S. Dhudum
                                               2
                                              22-BA-3683-2025 AW 88-BA-3705-2025 (CR).DOC


         2.          Prosecution case in short is that on secret information,

         police raided Aryan Lodge and found that prostitution was going on.

         It is alleged that the Applicant suggested the victim to go to the said

         lodge for doing prostitution.

         3.          The Applicants seek bail on the ground of parity as co-

         accused in present crime namely Rizwana Jabir Shaikh is granted bail

         by this Court (Coram: Shivkumar Dige, J.) vide order dated 19 th

         December, 2025.

         4.          The Applicants Pankaj Bhaskar Pawar is arrested on 19th

         June, 2025 and Nitin Baburao Dhone is arrested on 25 th July, 2025.

         Charge-sheet in the present crime is filed on 13th August, 2025.

         5.          This Court has granted bail to the co-accused Rizwana Jabir

         Shaikh. Therefore, on the ground of parity, the Applicants are entitled

         for bail.

         6.          In the result, applications are allowed.

         7.          The Applicants - Pankaj Bhaskar Pawar and Nitin Baburao

         Dhone be enlarged on bail in connection with Crime No.690 of 2025

         registered with Mohol Police Station, Solapur Rural, District: Solapur,

         on executing Personal Bond of Rs.20,000/- each with one or two

         sureties in the like amount.

         8.          The Applicants shall attend the Court dates regularly.



Shantanu S. Dhudum
                                            3
                                           22-BA-3683-2025 AW 88-BA-3705-2025 (CR).DOC


         9.          The Applicants shall not tamper with the evidence or

         attempt to influence or contact the complainant, witnesses or any

         person concerned with the case.

         10.         The Application is allowed in the aforesaid terms and is

         accordingly disposed of.



                                                  (NITIN B. SURYAWANSHI, J.)




Shantanu S. Dhudum


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