1 15.aba.755.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.755 OF 2026 Smt. Shobha wd/o Sunil Unhale ..vs.. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Bhavin Suchak, Advocate a/w Shri V.D. Ruparelia, Advocate for the applicant. Shri H.D. Marathe, APP for the non-applicant /State. CORAM: M.M. NERLIKAR, J. DATE : 28.08.2026. Heard. 2. By way of this application, the applicant is seeking pre-arrest bail in connection with Crime No.580 of 2026 registered with Malkapur Police Station, District Buldhana for the offences punishable under Sections 3, 4 and 5 of the Prevention of Immoral Trafficking Act, 1956 (for short ‘PITA’ Act). 3. The First Information Report came to be lodged alleging that the applicant facilitated prostitution at her residence where two victim were found during the raid conducted by the Police. Hence, the FIR lodged against the applicant. 4. Learned Counsel for the applicant submits that when the raid was conducted, two major victims were caught red handed doing business of prostitution. He submits that there are no criminal antecedents against the applicant of similar nature. It is contended that as the flat owner, where the prostitution business was going on, 2 15.aba.755.2026 the maximum punishment provided for the said offence is up to three years under Section 3 of the PITA Act. Therefore, he submits that by imposing the stringent condition that the applicant shall not commit similar type of offence, the applicant is prayed to be granted pre- arrest bail. 5. On the other hand, learned APP vehemently opposed the application on the ground that the applicant is the owner of the house/flat where the prostitution business was conducted and she was also present at the time of raid. During search two ladies were caught red handed in the house. Hence considering the seriousness of the crime, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. It appears from the FIR that the applicant is the owner of the house/flat wherein the business of prostitution was going on. The victims are major. Considering the fact that there are no antecedents against the applicant and the victims being major, in my opinion, no custodial interrogation would be necessary. Hence the following order : (a) In the event of arrest the applicant Smt. Shobha wd/o Sunil Unhale in connection with Crime No.580 of 2026 registered with Malkapur Police Station, District Buldhana for the offences punishable under Sections 3, 4 and 5 of the Prevention of Immoral Trafficking Act, 1956 be released on furnishing P.R. bond of Rs.25,000/- with one surety in the like amount. 3 15.aba.755.2026 (b) The Applicant shall attend the police station as and when directed by the Investigating Officer. (c) The Applicant/Accused shall co-operate with the Investigating Agency. (d) The applicant 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. (e) The applicant shall not commit similar type of offence in future. (f) The Criminal Application stands allowed and disposed of in above terms. (g) The observations are prima facie in nature and the Trial Court shall not be influenced by the same. (h) All Misc. application(s), pending if any, shall stands disposed of accordingly. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 28/08/2026 15:08:44