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Bombay High Court
Prachi Maroti Pal @ Aakash Somkuwar vs The State Of Maharashtra Thr Pso. Ps ... on 27 January, 2026
2026:BHC-NAG:1268
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Application (BA) No.1274/2025
Prachi Maroti Pal @ Aakash Somkuwar (Presently Central Prison, Nagpur)
Vs.
State of Maharashtra and another
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. C.R.Thakur, Advocate for applicant.
Ms.T.H.Udeshi, A. P. P. for non-applicant No.1/State.
Ms. Varsha Warade, Advocate (appointed) for non-applicant n 2.
CORAM: M. M.NERLIKAR, J.
DATE : 27/01/2026.
1. Heard Mr.C.R.Thakur, learned counsel for the applicant,
Ms. T.H.Udeshi, learned APP for non-applicant no.1 and Ms.
Varsha Warade, learned counsel for victim/non-applicant no.2.
2. The applicant was arrested on 14.7.2024 in connection
with Crime No.317/2024 registered with Police Station,
Nandanwan, District Nagpur, for the offence punishable
under Sections 65(1), 74, 143 (4) of Bharatiya Nyaya
Sanhita, under Sections 4, 5 and 7 Immoral Trafficking
(Prevention) Act. During investigation an offence under
Sections 4, 6, 8, 12 and 17 of the Protection of Children
From Sexual Offences Act came to be added.
3. The principal allegation against the present
applicant is that she was running a brothel. She was indulged
in flesh trade. On the date of incident, when the raid was
conducted, a girl aged about 15 years was found in the brothel,
which, according to the applicant, was a rented premises. The
statement of the victim discloses that she was brought by one
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person as she was in need of money and sold to the present
applicant and the present applicant engaged her in flesh trade.
Accordingly, the raid was conducted and the victim and the
present applicant were found.
4. The learned counsel appearing for the applicant
submits that the applicant has been in jail since
14.7.2024. He further submits that the investigation is
over and the charge-sheet has already been filed. He
invited my attention to the statement of the victim,
wherein she has disclosed that, as she was in need of
money, she contacted the present applicant and the
present applicant has engaged her in flesh trade. The
learned counsel further submits that there are no other
similar cases registered against the applicant. There are
two criminal cases, which are pending, however, those are
not registered under the provisions of Immoral Trafficking
(Prevention) Act, 1956 (`PITA' for short). He further
submits that the trial is yet to be commenced and till
today even the charges are not framed. Therefore,
learned counsel requested to release the applicant on bail.
5. On the other hand, learned APP vehemently
opposes the application and submits that the maximum
punishment for such offences is life imprisonment. She
submits that there are two offences, which are registered
against the present applicant. So far as the involvement of
the present applicant under PITA is concerned, this is the
only case. The present applicant is indulged in heinous
offence of engaging minor girls in flesh trade. She further
submits that the husband of the present applicant is a
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habitual criminal and he has near about 21 cases under
various offences including PITA registered against him.
She further submits that present applicant has not
disclosed the antecedents and my attention was invited to
the judgment of this Court in the case of Freedom Firm
Vs. Commissioner of Police, Pune and Ors., in Criminal
Public Interest Litigation No.4 of 2015 dated 30 th October,
2015, wherein a Division Bench of this Court while
dealing with bail applications under PITA, it is held that
the nature of accusation, the nature of the evidence in
existence, the severity of punishment, the character,
behaviour, means and standing of the accused,
circumstances peculiar to the accused, the reasonable
possibility of securing the presence of the accused at the
time of trial and the reasonable possibility of his
interference with the witnesses and tampering of evidence
should be taken consideration. She further submits that
the present applicant is residing in Nandanwan Zopadpatti
and, therefore, her address is yet to be verified. Lastly, she
submits that considering the gravity of the offence, she
does not deserve the bail.
6. The learned counsel appearing for the Victim has
adopted the arguments advanced by the learned APP and
requested not to grant bail considering the criminal
history of her husband.
7. Upon careful consideration of the rival submissions
and after perusal of the material placed before me along
with the charge-sheet, admittedly, it appears that the
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present applicant was arrested on 14.7.2024. It further
appears that the present applicant was caught red-handed
while engaging one victim, who is aged about 15 years in
flesh trade. It could be gathered from the statement of the
victim that due to poverty, she was indulged with the help
of the present applicant in the said crime. It further
appears that there is no forceful act at the behest of the
present applicant so as to force the victim to do the flesh
trade and, therefore, considering the fact that the Charge
is yet to be framed and the trial is yet to be commenced
and considering the incarceration of more than one year
and six months, I am inclined to grant bail. However, as
per the judgment of this Court in Freedom Firm Vs.
Commissioner of Police, Pune and others (referred supra)
stringent conditions are required to be put on the present
applicant. Hence, the following order:-
ORDER
(i) Criminal application is allowed and disposed of.
(ii) The applicant/accused Prachi Maroti Pal @ Aakash
Somkuwar be released on regular bail in connection with
Crime No.317/2024 registered with Police Station,
Nandanwan, District Nagpur, for the offence punishable
under Sections 65(1), 74, 143 (4) of Bharatiya Nyaya
Sanhita, under Sections 4, 5 and 7 Immoral Trafficking
(Prevention) Act and Sections 4, 6, 8, 12 and 17 of the
Protection of Children From Sexual Offences Act, on her
furnishing P.R. Bond of Rs. 25,000/- with two sureties in
the like amount.
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(iii) The applicant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case, as also shall not
tamper with the evidence.
(iv) The applicant shall provide her residential address
and cell number to concerned Police Station and shall not
change her place of residence without prior intimation to
the concerned Investigating Officer.
(v) The applicant should attend Police Station,
Nandawan, Nagpur, twice in a month i.e. on 1 st and 4th
Sunday between 10.00 a.m. to 1.00 p.m. till the trial
begins.
(vi) The applicant/accused shall attend each and every
date of trial regularly. If she fails to attend the trial for
two consecutive dates or fails to comply with the aforesaid
conditions, her default would entail the State to apply for
cancellation of bail.
(vii) Fees of the appointed counsel be quantified and
paid as per Rules.
(M.M.NERLIKAR, J.)
Mukund Ambulkar
Signed by: Ambulkar (MLA)
Designation: PS To Honourable Judge
Date: 27/01/2026 19:56:19
