[Cites 4, Cited by 0]
Bombay High Court
Raghu Mahabal Mogaveera vs State Of Maharashtra on 6 April, 2026
Author: R.N. Laddha
Bench: R.N. Laddha
Digitally
signed by
CHITRA
2026:BHC-AS:16298 CHITRA
SANJAY
SANJAY
SONAWANE
SONAWANE Date:
2026.04.06
20:32:34
+0530
Chitra Sonawane. 35-ABA-870-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Cri. Anticipatory Bail Application No.870 of 2026
Raghu Mahabal Mogaveera
Aged 43 years, Occu : Business,
Residing at Room No.202,
2nd Floor, Yogeshvar Sadan
Bank Side, Sector 11, Juhunagar,
Vashi, Navi Mumbai - 400 703. ... Applicant
Versus
The State of Maharashtra
(At the instance of APMC Police
Station vide their C.R. No.677 of 2025) ... Respondent
----
Mr Prabhanjay Dave a/w Mr Tanmay Tendulkar, for the
Applicant.
Ms Anagha A Deshmukh, APP, for the Respondent / State.
API Navnath Sul, APMC Police Station, Navi Mumbai.
----
Coram: R.N. Laddha, J.
Date: 6 April 2026
P.C.:
Heard Mr Prabhanjay Dave, the learned Counsel
appearing on behalf of the applicant, and Ms Anagha
Deshmukh, the learned Additional Public Prosecutor
representing the respondent/ State.
Page 1 of 5
__________________________________________________
6 April 2026
::: Uploaded on - 06/04/2026 ::: Downloaded on - 06/04/2026 21:30:12 :::
Chitra Sonawane. 35-ABA-870-2026.docx
2. The applicant apprehends arrest in CR No.677 of 2025,
registered with AMPC Police Station, Navi Mumbai, for the
offences punishable under Sections 3, 4 and 5 of the Immoral
Traffic (Prevention) Act, 1956 ('PITA Act'), and Sections 143(3)
read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS').
3. It is the case of the prosecution that, acting upon credible
secret information to the effect that certain women were
allegedly being compelled to engage in prostitution for
pecuniary gain, a raid was conducted at the establishment
known as 'Shrinidhi Hotel and Lodge' situated at Vashi, Navi
Mumbai. During the course of the said raid, two women were
found allegedly engaged in acts of prostitution. It is further
alleged that the present applicant is the person in charge of and
is running the said lodge.
4. The learned Counsel appearing on behalf of the applicant,
asserting the applicant's innocence, contends that the applicant
has been falsely implicated in the present crime. It is submitted
that the applicant had taken the lodge on a leave-and-license
basis from its lawful owner and was not present at the time of
the raid. The implication of the applicant rests solely upon the
statement of the co-accused, and the applicant had no
knowledge of the alleged unlawful activities. The learned
Counsel further submits that, as per the statement of the
Page 2 of 5
__________________________________________________
6 April 2026
::: Uploaded on - 06/04/2026 ::: Downloaded on - 06/04/2026 21:30:12 :::
Chitra Sonawane. 35-ABA-870-2026.docx
victims, they had voluntarily engaged in prostitution for
monetary consideration. The victims are of legal age. In the
statement of the victims they never made any allegations against
the applicant. According to the learned Counsel, the provisions
of Section 143(3) of the BNS and Section 5 of the PITA Act are
not applicable, and the remaining provisions invoked are of a
bailable nature. It is urged that the statements of the victims
have been recorded, and the victims have been released. No
recovery or discovery remains to be effected at the instance of
the applicant. The investigation stands concluded and a charge
sheet has been duly filed; thus, the applicant's custodial
interrogation is unnecessary. The applicant undertakes to
comply with any conditions that may be imposed by this Court.
5. On the other hand, Ms Anagha Deshmukh, the learned
Additional Public Prosecutor representing the respondent/State,
opposes the applicant's request for bail. It is submitted that the
offence is of a grave and serious nature. The victims were found
at the scene while committing illegal activity on the premises
run by the applicant. The learned APP also raised concerns
about potential evidence tampering and witness influence if the
applicant were granted pre-arrest bail. However, she fairly
acknowledges that the investigation has concluded and a charge
sheet has been filed.
Page 3 of 5
__________________________________________________
6 April 2026
::: Uploaded on - 06/04/2026 ::: Downloaded on - 06/04/2026 21:30:12 :::
Chitra Sonawane. 35-ABA-870-2026.docx
6. This Court has given anxious consideration to the rival
contentions and perused the records.
7. Upon a careful perusal of record, it appears that during
the course of the raid, two alleged victims were rescued from
the premises in question. A bare reading of their statements
recorded under Section 183 of the BNSS unequivocally
indicates that both victims are major in age and had voluntarily
engaged in the alleged activities of their own accord,
purportedly for pecuniary benefit. Neither of the said witnesses
has attributed any overt act or role to the present applicant, nor
have they, in any manner, implicated the applicant in the
alleged offence. It is further emerges from the material placed
on record that the applicant was not present at the scene at the
time when the raid was conducted. The investigation has
already been completed and has culminated in the filing of the
charge sheet before the competent Court. Thus, no custodial
interrogation of the applicant appears to be warranted, and
there remains no material to be recovered or discovered at the
instance of the applicant. Moreover, it is not in dispute that the
co-accused persons have already been enlarged on bail by the
competent Court. The apprehensions expressed by the
prosecution with regard to the possibility of tampering with
evidence or influencing witnesses can be adequately
Page 4 of 5
__________________________________________________
6 April 2026
::: Uploaded on - 06/04/2026 ::: Downloaded on - 06/04/2026 21:30:12 :::
Chitra Sonawane. 35-ABA-870-2026.docx
safeguarded by imposing appropriate conditions. Hence, the
following order:
ORDER
(i) In the event of the applicant's arrest in
connection with CR No.677 of 2025,
registered with AMPC Police Station, Navi
Mumbai, he shall be released on bail upon
executing a PR Bond of Rs.25,000/- and
furnishing one or more sureties in the like
amount.
(ii) The applicant, himself or through any
other person, shall not tamper with the
evidence or influence witnesses.
(iii) The applicant shall not contact the
victims in any manner whatsoever.
8. The application stands disposed of accordingly.
[R.N. Laddha, J.]
__________________________________________________
6 April 2026
