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2026 DAILYLAW 4930 (BOM)

SACHIN S/O MANIKRAO MAHAJAN v. STATE OF MAHARASHTRA THR PSO., PS AMBAZARI, NAGPUR DIST. NAGPUR AND ANR

BA/1037/2026 · 2026-08-28

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Judgment text

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1 29-Cr.BA-1037-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1037 OF 2026 Sachin S/o Manikrao Mahajan -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. C.R. Thakur, a/w. Mr. Mohammad Amin Ayyub Khan, Advocates for the Applicant. Mr. N.B. Jawade, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 28, 2026. Heard. 2. The learned counsel for the applicant seeks permission to delete Non-applicant No.2. 3. Permission granted. Necessary amendment be carried out forthwith. 4. The application is filed seeking regular bail in Crime No.299/2026 for the offences punishable under Sections 143(2) and 143(3) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3, 4 and 5 of the Immortal Traffic (Prevention) Act, 1956, registered with Police Station Ambazari, District Nagpur City. Piyush Mahajan 2026:BHC-NAG:11298 2 29-Cr.BA-1037-2026 5. The First Information Report was lodged by the informant, a Police Constable attached to the Social Security Department, Crime Branch, Nagpur City, alleging that the accused persons, including applicant were involved in procuring and facilitating prostitution for monetary gain. It is alleged that five women were induced with promises of earning handsome amount of money in return of their services, during the raid conducted on 10/07/2026 near Hotel Petal Inn, Nagpur. The applicant, was allegedly driving a vehicle used for transporting the women to customers, when he was apprehended and who was receiving money from the main accused for transporting the women for prostitution. Based on these allegations, the F.I.R was lodged. 6. The learned counsel for the applicant submits that the applicant is a taxi driver and is the owner of the said taxi. The allegations against the applicant are that he is transporting girls from one place to another, for which he is receiving only rental amount and no substantial amount is paid. Under such circumstances, he submits that it cannot be said that the applicant is indulged in the business of prostitution or is having any link with prostitution. Further, he submitted that a bill is charged in the Piyush Mahajan 3 29-Cr.BA-1037-2026 regular course, and he does not earn substantially from said business. Under such circumstances, he prayed for grant of bail. 7. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the applicant is a member of the Nagpur Cab Management. The group created by the main accused, Sameer @ Manish @ Gagan Thakur. He submits that it cannot be said that the applicant is not involved in transporting the victim girls, as the victims were brought by the main accused from Uzbekistan, West Bengal and Punjab who were transported by the applicant. Under such circumstances, since the investigation is underway, the applicant does not deserve to be granted bail. 8. I have considered the rival submissions. It appears that the applicant is the owner and driver of the taxi and was carrying girls from one place to another, in return of payment. It could be gathered from the material placed before me that the applicant was not receiving huge amount from the said business, however, only the rent. Therefore, in my opinion, it cannot be said that the applicant is indulged in the business of prostitution. He is not getting any share in profit from the prostitution business. Considering the nature of the allegations, I Piyush Mahajan 4 29-Cr.BA-1037-2026 am of the considered opinion that the applicant has made out a case for bail on imposition of stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant / accused (Sachin S/o Manikrao Mahajan) be released on regular bail in connection with Crime No.299/2026 for the offences punishable under Sections 143(2) and 143(3) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3, 4 and 5 of the Immortal Traffic (Prevention) Act, registered with Police Station Ambazari, District Nagpur, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount; (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence; (iv) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his Piyush Mahajan 5 29-Cr.BA-1037-2026 place of residence without prior intimation to the Investigating Agency; (v) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial subject to genuine reason to the satisfaction of trial court, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; (vi) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same. (vii) Pending Misc. Application(s), if any, also stand disposed of [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 29/08/2026 12:19:04