IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 929 ANTICIPATORY BAIL APPLICATION NO. 1461 OF 2026 NARESH KHEMRAJ JOSHI VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Mr. Shrikrashna B. Solanke, Advocate for Applicant Mr. S. B. Narwade, APP for the Respondent/State CORAM : R. M. JOSHI, J. DATED : 2nd SEPTEMBER, 2026 PER COURT :- 1. Applicant seeks pre arrest bail in connection with Crime No. 299/2026, registered with Kallam Police Station, District Dharashiv, for the offences punishable under Sections 143(3), 144(2) of the Bharatiya Nyaya Sanhita and under Sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act. 2. The First Information Report indicates that, on the basis of information received by the concerned Police Station, a raid was conducted at Prabhat Lodge with the help of a decoy customer. It was found that illegal prostitution was being carried out at the said place. At the said place, two persons, who were working as the Manager and customer, respectively, were arrested. As far as the present applicant is concerned, he is stated to be the lessee of the said 929 ABA 1461.2026.odt 1 of 3 2026:BHC-AUG:39981 property. 3. The learned Advocate for the applicant submits that the applicant has no criminal antecedents and, except for the fact that the applicant is the lessee of the said property, there is no evidence to connect the applicant with the crime. 4. The learned APP opposed the grant of any relief to the applicant by referring to the lease agreement between the owner of the property and the present applicant. It is his submission that, as per the report of the Investigating Officer, the applicant is conducting a bar in the said premises, which, according to him, indicates that the applicant had knowledge that prostitution was being carried out in the said lodge. He drew attention of the Court to the judgment of Division Bench of this Court in case of Feedom Firm Vs. Commissioner of Police, Pune and Ors., in Cr. Public Interest Litigation No. 4 of 2015, decided on 30.10.2025. 5. Prima facie perusal of the police papers does not indicate any statement having been made by the victim implicating the present applicant in the crime. As far as the present case is concerned, except for the fact that the applicant is the lessee of the said premises, there is nothing to indicate that he had any knowledge about prostitution being carried out at the said lodge. 929 ABA 1461.2026.odt 2 of 3 There can be no presumption of guilt unless supported by evidence. 6. In view of the above, application deserves to be allowed. Hence, the following order. ORDER (i) Application is allowed. (ii) In the event of arrest of applicant in connection with Crime No. 299/2026, registered with Kallam Police Station, District Dharashiv, for the offences punishable under Sections 143(3), 144(2) of the Bharatiya Nyaya Sanhita and under Sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act, he shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount. (iii) He shall not contact the witnesses directly or indirectly. (iv) He shall not interfere with the evidence in any manner whatsoever. (v) He further directed to cooperate the investigating agency for further investigation. ( R. M. JOSHI, J.) ssp 929 ABA 1461.2026.odt 3 of 3