921-ba-4138-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 4138 OF 2021

Yuvraj Ramsing Rathod

...Applicant

Vs.

The State of Maharashtra

... Respondent

----

Mr. Ritesh M. Thobde a/w. Mr. Sagar S. Tambe, for the

Applicant.

Mr. Y. Y. Dabke, APP for the Respondent-State.

----

CORAM : C.V. BHADANG, J.

DATE : 29 MARCH 2022

P.C.

.

The Applicant alongwith co-accused has been

chargesheeted for the offence punishable under Section 3, 4, 5

and 6 of the Immoral Traffic (Prevention) Act, 1956 (PITA Act)

and Section 370-A(2) of IPC, in Crime No.644/2021 of Police

Station Solapur City, Solapur. The said crime is registered on the

basis of the complaint dated 19 August 2021 lodged by PSI

Prashant Kshirsagar attached to Social Service Branch of Police

Station Solapur City.

Mamta Kale page 1 of 5

MAMTA

AMAR

KALE

Digitally

signed by

MAMTA

AMAR KALE

Date:

2022.04.01

19:56:23

+0530

921-ba-4138-2021.odt

2.

According to the informant, on 18 August 2021, a secret

information was received that there is prostitution being

conducted at Yashodan Hotel & Lodge of the Applicant.

3.

Accordingly, a raid was conducted at the said lodge at about

8.30 p.m., in which a decoy customer, Sagar Pawal, was sent to

the said lodge with marked currency notes. The decoy customer

went to the lodge and met the Applicant and disclosed his

purpose of visit. The Applicant then took the decoy customer to

a lady who is the co-accused in this case who ultimately took the

decoy customer to a room, where one of the girls, brought for the

purpose of the prostitution was present. On a predetermined

signal being given, other members of the raiding party, went there

and the Applicant and the co-accused were arrested and the two

victim girls were rescued.

4.

In this case, upon completion of investigation, a

chargesheet is filed.

5.

The Applicant was arrested on 19 August 2021 and is in

custody since then.

6.

I have heard the learned counsel for the parties. Perused

record.

Mamta Kale page 2 of 5

921-ba-4138-2021.odt

7.

It is submitted by the learned counsel for the Applicant that

the Applicant was not aware of the conduction of the illegal

business in his lodge. He submitted that even otherwise both the

girls are major and it was not the Applicant who had procured the

girls so as to attract Section 5 of the PITA Act. It is submitted

that there is no material to show that any of the girls were

detained in the premises. It is submitted that even according to

the prosecution, the decoy customer had paid the amount to the

co-accused from whom it was recovered. The learned counsel has

pointed out that the offence under Section 3 and for the matter of

that Section 4 of the PITA Act would invite maximum sentence

of five years with fine.

8.

Learned APP has submitted that the Applicant is the owner

of the lodge and was present at the time of the raid. He states

that it was the Applicant who had taken the decoy customer to

the co-accused, who had procured the girls for the purpose of

prostitution. It is submitted that even after disclosing the

purpose of the visit, by the decoy customer, the Applicant

entertained him, which would indicate that the Applicant was

aware of the prostitution taking place in the lodge.

9.

I have considered the circumstances and the submissions

made.

Mamta Kale page 3 of 5

921-ba-4138-2021.odt

10.

It is not disputed that the Applicant is owner of the lodge

and was present at the time of the raid. The contention that the

Applicant was not aware of the illegal business being carried on at

the lodge, cannot prima facie be accepted.