4-ABA-2339-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2339 OF 2026 Mr. Kailash Ketan Das & Anr. …Applicants Versus The State of Maharashtra …Respondent Mr. Sudeep Pasbola, Senior Advocate, a/w Mr. Rohin Chauhan, for the Applicants. Mr. Geeta P. Mulekar, A.P. P., for the Respondent – State. PSI - Khan, Dahisar Police Station, Mumbai, is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 31ST AUGUST 2026 P. C:- 1. Heard learned counsel for the applicants as well as learned APP for the respondent - state. 2. The applicants are apprehending arrest in Crime No. 860 of 2026, dated 09.06.2026, registered with Dahisar Police Station, Brihanmumbai, for the offence punishable under Sections 54, 110, 223, 296 read with Section 3(5) of Bharatiya Nyaya Sanhita 2023 (for Short, “BNS”) and Sections 3, 8(1), 8(2) and 8(4) of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants, 31st August 2026 4-ABA-2339-2026.ODT Bar Rooms and Protection of Dignity of Women (Working Therein) Act, 2016 and Section 131 of the Maharashtra Police Act, 1959. 3. The FIR came to be registered on the basis of a report lodged by Police Constable Ajit Kundalik Dhage attached to Dahisar Police Station alleging that on 08.06.2026 the establishment by name, ‘Samudra Bar and Restaurant’ near Dahisar Check Naka was raided and it was found that few women were employed to perform the dance in front of customers. It was also found that about 13 women were confined in one room in suffocating condition since there was no ventilation to the said room. On the basis of these allegations, FIR came to be registered against total 70 persons. At this stage, chargesheet is already filed. 4. Learned counsel for the applicants submits that these applicants are not named in the FIR and they are apprehending arrest on the basis of allegations made by the prosecution that the applicant no.1 is Manager of the Samudra Bar and Restaurant and the applicant no.2 is the Financer of the said Bar and Restaurant. He submits that, although there are allegations, there is no material to show that any of the offences under provisions of Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants, 31st August 2026 4-ABA-2339-2026.ODT Bar Rooms and Protection of Dignity of Women (Working Therein) Act, 2016 could be attracted and further there is nothing to show that the offence under section 110 of BNS could also be attracted. He also submits that all other accused persons have been released on bail and chargesheet has already been filed. He submits that these applicants are ready to extend cooperation, if any further investigation is required to be carried out against these applicants. 5. Learned APP for the respondent - State submits that considering the nature of offence, the role of these applicants needs to be investigated. He also states that since there are six criminal antecedents against the applicant no.2 Jaya Koti Poojari, the involvement of these applicants cannot be ruled out. However, there is no dispute about the filing of chargesheet against all other accused persons. 6. Learned counsel for applicant also states that, in accordance with the order dated 20th August 2026 passed by this Court, the applicants have attended the Police Station on 24th August 2026 and 25th August 2026 and are again ready to extend co-operation as regards any further investigation against them. 31st August 2026 4-ABA-2339-2026.ODT 7. Learned APP for respondent – State does not dispute the contention that the applicants have attended the police station on these dates. She however, states that there are similar criminal antecedents against accused No.2 Jaya Pujari and therefore the applicants be put to stringent conditions in case bail is granted. 8. It has to be noted that, amongst all other alleged offences, offence under Section 110 of BNS is most serious, which is punishable up to three years and pertinent to note, in case any hurt is caused to any person then only it is punishable up to seven years. This offence is invoked in view of the allegation that thirteen women were kept in one room which was not having sufficient light and ventilation. However, there is nothing on record to indicate that any hurt was caused to any of them. 9. Considering all above contentions and the fact that the chargesheet is already filed, the presence of these applicants can be secured by putting them to the certain conditions and their personal liberty needs to be protected, subject to certain conditions. 31st August 2026 4-ABA-2339-2026.ODT 10. Hence, I pass following order :- ORDER (i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicants in Crime No.860 of 2026, registered with Dahisar Police Station, Brihanmumbai, for the offence punishable under Sections 54, 110, 223, 296 read with Section 3(5) of Bharatiya Nyaya Sanhita 2023 and Sections 3, 8(1), 8(2) and 8(4) of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants, Bar Rooms and Protection of Dignity of Women (Working Therein) Act, 2016 and Section 131 of the Maharashtra Police Act, 1959, they be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) each, with one solvent surety of the like amount. (iii) The applicants are directed to extend co- operation during investigation and trial. (iv) The applicants shall not influence the prosecution witnesses, in any manner. (v) The applicants shall not leave the jurisdiction of this Court without prior permission. 31st August 2026 4-ABA-2339-2026.ODT (vi) The applicants shall furnish their address proof, identity proof and mobile number on record. (vii) The applicants shall not commit any offence in future and shall attend the court regularly. (viii) Breach of any of these conditions, shall be a ground for cancellation of the bail. 11. Anticipatory Bail Application is disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 31st August 2026