[Cites 5, Cited by 0]
Bombay High Court
Binay Kumar Yadav vs State Of Maharashtra on 9 April, 2026
Author: R.N.Laddha
Bench: R.N.Laddha
Digitally signed
2026:BHC-AS:16874 CHITRA
by CHITRA
SANJAY
SONAWANE
SANJAY Date:
SONAWANE 2026.04.09
14:26:22
+0530
Chitra Sonawane 11-aba-633-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Cri.Anticipatory Bail Application No.633 of 2026
Binay Kumar Yadav
Aged : 39 yrs, Indian Inhabitant,
R/at Itkhori, Dharampur, Chatra,
Jharkhand 825408 ... Applicant.
Vs.
The State of Maharashtra
(at the instance of Naupada Police
Station vide CR no.539 of 2025) ... Respondent.
---
Ms Anjali Patil for the applicant.
Ms MR TidkeAPP for the respondent / State.
PSI Ravindra Ranbhise, Nagpada Police Station.
---
Coram : R.N.Laddha, J.
Date : 9 April 2026.
P.C. :
By this application, the applicant, who apprehends
arrest in connection with CR No.539 of 2025, registered at
Naupada Police Station, Thane, for offences punishable
under Sections 143(1) and 143(3) read with 3(5) of the
Bharatiya Nyaya Sanhita, 2023, and Sections 3, 4, 5 and 7
of the Immoral Traffic (Prevention) Act, 1956 ('PITA Act').
2. It is the prosecution's case that on 20 June 2025,
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acting on confidential information regarding an online
prostitution racket operated through WhatsApp, a trap was
laid using a decoy customer and panch witnesses. The decoy
customer contacted an agent, Myra alias Surender, who
agreed to arrange women for sexual services for Rs.5,000/-.
Following this, a room was booked at Hotel Shiv Vandana
upon part payment of Rs.2,500/-, and two women were
sent there; one of whom received the said amount. After
receiving the pre-arranged signal, the police conducted a
raid, apprehended the lodge manager, rescued two women,
and seized cash, mobile phones, condoms, and the lodge
register. During the investigation, the lodge manager and
the women purportedly disclosed the involvement of other
persons, including the present applicant, Vinay Yadav. The
applicant is alleged to have coordinated with customers and
women by telephone.
3. Ms Anjali Patil, the learned Counsel appearing on
behalf of the applicant, asserts the applicant's innocence and
contends that the applicant has been falsely implicated in
the crime. It is submitted that the applicant was not present
during the raid. The victims are of legal age and have
admitted to voluntarily indulging in prostitution for
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personal gain. The only allegation against the applicant is
that he is living on the earnings of prostitution. It is urged
that this allegation would fall under Section 4 of the PITA
Act, which is a bailable offence. The learned Counsel
further submits that the applicant is not the owner,
manager, or employee of the lodge in question. The control
of the premises was with the co-accused, who has been
released on bail. Ms Patil further highlights that the
investigation has concluded and nothing is to be recovered
or discovered from the applicant; thus, the applicant's
custody is unwarranted. The applicant is ready to abide by
any conditions this Court deems fit to impose.
4. On the other hand, Ms MR Tidke, the learned
Additional Public Prosecutor representing the respondent/
State, opposes the applicant's request for bail, citing the
seriousness of the offence. However, on instructions of the
investigating officer present in the Court, the learned APP
submits that the investigation has reached its logical
conclusion and a charge sheet has been filed.
5. This Court has considered the submissions canvassed
across the Bar and perused the records.
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6. Upon a bare reading of the records, it appears that the
applicant was not present at the place of occurrence during
the raid. The applicant's implication arises from statements
recorded during the course of investigation, attributing to
him a limited role of telephonic coordination. Prima facie,
the record does not indicate whether the applicant was in
control of or managing the premises where the incident
occurred. Significantly, the victims are of legal age, and the
manager of the premises has already been granted bail.
Furthermore, nothing is to be recovered or discovered as
the investigation is complete and a charge sheet has been
filed. The prosecution's apprehensions about potential
evidence tampering and witness influence can be mitigated
by imposing appropriate conditions.
7. Having considered the totality of the circumstances,
this Court is inclined to extend the benefit of pre-arrest bail
to the applicant. Hence, the following order:
ORDER
(i) In the event of the applicant's
arrest in CR No.539 of 2025, registered
at Naupada Police Station, Thane, he
shall be released on bail upon executing a
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Chitra Sonawane 11-aba-633-2026.doc
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 regularly
attend the trial proceedings and
cooperate with the trial Court for the
expeditious disposal of the case.
(iv) The applicant, himself or through
any other person, shall not contact the
victims in any manner whatsoever.
8. The application stands disposed of accordingly.
[R. N. Laddha, J.]
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9 April 2026
