HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE M. M. NERLIKAR
AMOL S/O VIJAY MANWATKAR – Appellant
Versus
THE STATE OF MAHARASHTRA THR PSO. PS KAMPTEE DIST. NAGPUR – Respondent
BA/1368/2025
2026:BHC-NAG:277 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [B.A.] NO. 1368 OF 2025 Amol s/o Vijay Manwatkar -- VERSUS --
The State of Maharashtra __________________________________________________________________________
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. S.P. Sonwane, Advocate for the Applicant.
Mr. A.G. Mate, A.P.P. for the Non-applicant/State.
CORAM : M.M. NERLIKAR, J. DATE : JANUARY 09, 2026.
Heard.
2. The present application is filed seeking regular bail in Crime No.367/2025 for the offence punishable under Section 143(2)(3) of the Bharatiya Nyaya Sanhita, 2023, (BNS) read with Sections 3, 4 and 5 of the Immortal Traffic (Prevention) Act, registered with Police Station, Kamptee, District Nagpur.
3. The allegations against the present applicant is that the applicant has taken the premises on rent and running brothel in the name of Dwell Stays Cocktail Canal Farm House, Kamptee. On 01/08/2025, pursuant to confidential information, a raid was conducted where two women were found, aged about 27 and 30 years, along with customers, and therefore, based on these allegations, First Information Report was registered.
4. The learned counsel appearing for the applicant submits that the applicant was arrested on 26/09/2025, and after completion of investigation charge-sheet came to be filed on 06/11/2025. There is nothing to recover against the applicant and the allegations are baseless. He had taken the premises on rent for carrying hotel and lodging business and employed one person, namely, Eshan Bhoyar, i.e., accused No.2, as the Manager. On the date of incident, he was not present in the city of Nagpur, and therefore, he has no connection with the present crime. He further submits that considering the fact that the charge-sheet is filed, he may be released on bail.
5. On the other hand, the learned A.P.P. submits that there are serious allegations of running the business of prostitution and he is indulged in procuring the girls. He further submits that if the F.I.R. is perused, it could be gathered that there are serious allegations against the applicant. He has also referred to the statement of the victim, wherein, it is stated that the applicant has induced them to do the business of prostitution, so that they can earn some money. He further submits that the applicant is also indulged in other crimes and is having criminal antecedents. Lastly, it is submitted that after considering the entire charge-sheet, there is sufficient material to connect the applicant with the alleged offence which is punishable up to the life imprisonment, and therefore, the application may not be considered.
6. Upon hearing the learned counsel for the applicant and the learned A.P.P., it appears that, admittedly, the F.I.R. was registered on 01/08/2025. The applicant was arrested on 26/09/2025 and the charge-sheet was filed on 06/11/2025. It appears from the F.I.R. that the present applicant has taken premises on rent and running it in the name of Dwell Stays Cocktail Canal Farm House, Kamptee. It is alleged that there he is running brothel and also engaged some women in the business of prostitution. However, it appears that both women are major, i.e., aged about 27 and 30 years. Further, it could be gathered from the F.I.R. that both women contacted the present applicant and requested to give some work and upon that the applicant has induced the women to do the business of prostitution so that they can earn Rs.1,000/- to Rs.1,500/- per day. Considering the fact that the investigation is over and the applicant is behind bar since 26/09/2025 and the charge-sheet was filed on 06/11/2025, and further trial is not likely to commence immediately in near future, I am inclined to grant bail to the present applicant.
7. The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the obs
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