23-ABA-204-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 204 OF 2026 Audumbar Dnyandev Gaikwad … Applicant Versus The State Of Maharashtra And Anr. … Respondents —————— Mr. Gaurav K. Kalekar for the Applicant. Mr. Nitin B. Patil, A.P.P. for the Respondent-State. —————— Coram : MEHROZ K. PATHAN, J. Date : 22nd June 2026. PER COURT : 1. The Applicant has approached this Court seeking anticipatory bail in connection with F.I.R. No. 0149, dated 15/03/2026, registered with Tembhurni Police Station, District Solapur Rural, for the offences punishable under Sections 3, 4, 5, 6 Immoral Traffic (Prevention) Act, 1956 (PITA Act) and Sections 143(2), 143(3), 3(5) of The Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Learned counsel for the Applicant Mr. Gaurav Kalekar submits that the Applicant is falsely implicated in the present crime. The Applicant is the osk 1 of 5 23-ABA-204-2026 (CR).docx owner of the Swagat lodge, where the girl was found along with one of the dummy customer. The allegations in the F.I.R. itself would suggest that the Applicant was not even present at the time of the conducting of the raid. The accused -Siddhant S. Gaikwad was appointed as a Manager of the said lodge. The Applicant was unaware of any such racket of prostitution being run by the Swaranjali Loknatya Kala Kendra. The record itself would suggest that the entries of the persons visiting the lodge is taken and noted down in the register. The Applicant is legally running the lodge by appointing Manager and following all the requisite procedures. The Applicant is not having any criminal antecedents and is ready to abide any conditions that may be imposed by this Court. Hence, the Applicant may be protected. 3. As against this, learned A.P.P. strongly opposes the anticipatory bail application on the ground that the Applicant is involved in serious offence of trafficking of women for the purpose of prostitution and forced the women into the prostitution. Though the Applicant is not named in the F.I.R., the name of the Applicant is revealed during the course of the investigation of arrested accused Siddhant Gaikwad, who was working as a Manager of the said lodge, where the girl was found to be in company of the dummy customer at room No.5 of the lodge. The Applicant is aware of the prostitution racket being run at the instance of the Swaranjali Loknatya Kala Kendra and the girls being taken to the lodge of the present Applicant. The osk 2 of 5 23-ABA-204-2026 (CR).docx Applicant has thus facilitated the commission of the said crime knowingly and is therefore one of the prime accused. Therefore custodial interrogation is necessary for proper investigation of the present crime. There are 25 girls, who were rescued in the said raid conducted by the Police Authority. Thus, this is not a fit case to release the Applicant on anticipatory bail. The offence is serious in nature and hence, the anticipatory bail may not be granted. 4. I have gone through the investigation papers made available by the learned A.P.P.. Out of the six accused persons directly mentioned in the F.I.R., five accused persons are already arrested. The statements of accused Siddhant Gaikwad, who happens to be Manager of the Swagat Lodge recorded while he was in custody, does not show that the Applicant was having any knowledge about the prosecution racket being run by the Swaranjali Loknatya Kala Kendra. The Applicant is not having any criminal antecedents and is ready to abide any conditions that may be imposed by this Court. The Applicant is not even named in the F.I.R.. The Applicant is the owner of the said lodge and is having deep roots in the society and does not appear to be flight risk. The apprehension of the learned A.P.P. can be taken care of by imposing appropriate conditions. Hence, the following order :- O R D E R i. The Application is allowed. ii. In the event of arrest of the Applicant - Audumbar Dnyandev osk 3 of 5 23-ABA-204-2026 (CR).docx Gaikwad, he be released on bail in connection with F.I.R. No. 0149, dated 15/03/2026, registered with Tembhurni Police Station, District Solapur Rural, for the offences punishable under Sections 3, 4, 5, 6 Immoral Traffic (Prevention) Act, 1956 (PITA Act) and Sections 143(2), 143(3), 3(5) of The Bharatiya Nyaya Sanhita, 2023 (BNS), on furnishing P.R. Bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two solvent sureties in the like amount, on the following conditions :- (A) The Applicant shall attend the concerned Police Station and report to the Investigating Officer on every Thursday and Friday, between 11:00 a.m. and 01:00 p.m. till filing of charge-sheet against the present Applicant, if any. (B) The Applicant shall also cooperate with the investigation. (C) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner. (D) The Applicant shall submit his Aadhar Card and Pan Card to the Investigating Officer along with mobile numbers and addresses of two of his near relatives. osk 4 of 5 23-ABA-204-2026 (CR).docx (E) The Applicant shall surrender his Passport, if any and shall not leave the country without prior permission of the trial Court. 5. Needless to say, a Single violation of any of the conditions imposed by this Court shall entitle the prosecution and the complainant to seek cancellation of bail of the present Applicant. 6. The Application stand disposed of accordingly. [ MEHROZ K. PATHAN, J. ] osk 5 of 5