2022 Supreme(Online)(Bom) 5787
PRADIP MANIK AASBE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
ABA 2703/2021
25-aba-2703-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2703 OF 2021
Pradip Manik Aasbe
... Applicant
Vs.
The State of Maharashtra
... Respondent
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Mr.Vikas Balasaheb Shivarkar for the Applicant.
Mr.A.R. Kapadnis, APP for the Respondent –State.
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CORAM : C.V. BHADANG, J.
DATE : 9 FEBRUARY 2022
(Through Video Conferencing)
P.C.
.
The Applicant who is the owner of Shivtej Lodge,
Juna Giranjani Road, Sangram Nagar Solapur, apprehending
arrest in Crime No.755 of 2021 of Akluj Police Station, Solapur
Rural, under Section 3,4,5,6 and 7 of the Immoral Traffic
(Prevention) Act, (‘PITA Act’) is seeking anticipatory bail.
2.
The prosecution case as disclosed from the complaint
lodged by Police Constable Manoj Madhusudan Shinde on 3
October 2021 is that on a prior information a raid was conducted
at Shivtej Lodge of the Applicant at about 3.00 pm, when there
were five to six couples found in different rooms in the lodge
engaged in sexual activities. The investigation disclosed that the
ladies were commercial sex workers and their male partners who
N.S. Kamble page 1 of 2
NILAM
SANTOSH
KAMBLE
Digitally signed by
NILAM SANTOSH
KAMBLE
Date: 2022.02.09
17:47:01 +0530
25-aba-2703-2021
are the co-accused had paid Rs.1,000/- each to the Manager of the
lodge.
3.
I have heard the learned counsel for the Applicant
and the learned Additional Public Prosecutor. Perused record.
4.
The learned counsel for the Applicant submitted that
the addresses of the male partners and their female counterparts
are the same. This according to the learned counsel indicate that
the couples were in illicit relations and ladies were not
commercial sex workers. The contention prima facie can not be
accepted. There are statements recorded of the girls who have
stated that they had come their as commercial sex workers. It is
not disputed that the Applicant is the owner of the lodge.
5.
Thus, no case for grant of pre arrest bail is made out.
The Criminal Application is rejected.
C.V. BHADANG, J.
N.S. Kamble page 2 of 2