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 1/5 902-ABA-2524-2026.odt 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 2/5 902-ABA-2524-2026.odt 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 3/5 902-ABA-2524-2026.odt 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 4/5 902-ABA-2524-2026.odt 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.) 5/5