1 32.ba.662.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.662 OF 2026 Anil s/o Pundlikrao Gurjar ..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 M.V. Amale, Advocate for the applicant. Shri A.B. Badar, APP for the State. CORAM: M.M. NERLIKAR, J. DATE : 22.06.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.446 of 2026 registered with Kalmeshwar Police Station, Nagpur Rural for the offence punishable under Sections 143, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956. 3. The FIR came to be lodged against the applicant alleging that the police officer had sent a dummy customer (Fantter) in Hotel namely A.P. lodge of which the applicant is the owner. Accordingly, room was allotted in the said lodge to the fantter, where one woman aged about 39 years was found engaged in business of prostitution and therefore, the FIR came to be lodged against the applicant. 4. Learned Counsel for the applicant submits that though there are allegations against the applicant that he has indulged in the offence of flesh trade, however 2 32.ba.662.2026 maximum punishment for the alleged offence is not more than three years. Had it been a case that a minor was involved then under such circumstances, maximum punishment provided is between 3 to 7 years and therefore, considering the fact that in the present crime, victim is a major, at the most the punishment provided is up to three years. Only allegation against the applicant is that the applicant is the owner of the said lodge wherein the victim was found along with a customer (Fantter) doing the business of flesh trade. It is submitted that no role is attributed to the applicant in the crime apart from being the owner of the lodge and even presuming the fact that the applicant is involved in the said offence, the victim is major and therefore, the applicant prayed to be enlarged on bail. 5. On the other hand, learned APP vehemently opposes the application by inviting my attention to the statement of the victim who is aged about 39 years. The applicant is the owner of the lodge wherein business of flesh trade was going on and therefore, considering the fact that the offence is of serious nature, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. It appears that the applicant is the owner of the said lodge and is involved in the offence of the present crime. Perusal of the statement of the victim shows that the applicant has called her for the purpose of prostitution however the victim appears to be of 39 years of age. Considering the punishment provided under the provisions of Immoral Traffic (Prevention) Act, 3 32.ba.662.2026 1956 and the fact that the victim is 39 years of age and further there are no similar type of offence registered against the applicant, I am of the considered opinion that no purpose would be served by keeping the applicant behind bars and therefore, I am inclined to enlarge the applicant on bail by imposing stringent conditions. Hence the following order : (a) The application is allowed. (b) The applicant Anil s/o Pundlikrao Gurjar in connection with Crime No.446 of 2026 registered with Kalmeshwar Police Station, Nagpur Rural for the offence punishable under Sections 143, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 be released on bail on furnishing P.R. bond of Rs.50,000/- with one surety in the like amount. (c) 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. (d) The applicant shall attend the concerned Police Station on every 1st and 15th day of every month till the filing of the charge-sheet. (e) The applicant shall provide his residential address and cell number to the Police Station concerned and shall not change his place of 4 32.ba.662.2026 residence without prior intimation to the Investigating Agency. (f) The applicant shall not commit similar type of offence. (g) If he fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 7. All Misc. application(s), pending if any, shall stands disposed of accordingly. (M.M. NERLIKAR , J. ) Trupti