Rushabh Rajendra Patil vs State of Maharashtra

Mr Sachin Mane, h/f. Mr Bhushan Raut, for the applicant. Mr Mayur Sonavane, APP, for the respondent/ State. WPSI Supriya Mandhare, Baner Police Station, Pune City, is present.

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Coram: R.N. Laddha, J. Date: 18 April 2026.

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P.C.:

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. By this application, the applicant seeks pre-arrest bail in connection with CR No.210 of 2025, registered at Baner Police Station, Pune, for offences punishable under Sections 3, 4 and 5 of the Prevention of Immoral Trafficking Act, 1956 (PITA), and Sections 143, 223 read with 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

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It is the case of the prosecution that, acting upon confidential intelligence indicating the coercion of women into the sex trade for monetary gain, law enforcement authorities conducted a raid at the premises of ‘Fortune Body Spa’ located in Baner, Pune. During the course of this operation, seven victims were found engaged in prostitution. It is further alleged that applicant played a pivotal role in instigating and compelling the said victims to engage in such unlawful activities. The applicant is running a Spa at the aforementioned location and this is his primary means of livelihood was derived from the income generated through this business.

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The learned Counsel appearing on behalf of the applicant, submits that the applicant has been falsely implicated in the present case and he is innocent of the charges levelled against him. He submits that the applicant was not present at the scene of the alleged incident at the relevant time. The learned Counsel, inviting the attention of this Court to the statements recorded under Section 183 of the BNS of the victims, submits that the police themselves have put the incriminating articles in the board and thereafter videographed this. That apart, all the alleged victims involved in the offence are adults who were fully aware of the circumstances. There are no allegations indicating that the applicant coerced, compelled, or induced

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any individual to engage in any unlawful act. The applicant has no criminal antecedents. The learned Counsel further submits that the investigation has been concluded and the charge-sheet has already been filed and nothing is to be recovered or discovered from the applicant.

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On the other hand, the learned Additional Public Prosecutor representing the respondent/State opposes the prayer for pre-arrest bail. He submits that the offence is of a grave and serious nature. The applicant, being the owner of the Spa in question, is directly linked to the premises where the alleged illegal activities were conducted.

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Upon perusing the records, it appears that the applicant was not present at the spot at the time of the raid. Prima facie, there is no material available on record to suggest that the applicant had knowledge of, or was in any way involved in, the alleged prostitution activities purportedly taking place at the Spa. Furthermore, the statements of all the victims recorded under Section 183 of the BNS unequivocally state that, at the time of raid, they were not engaged in any illegal activities. On the contrary, it is alleged that the police themselves placed the incriminating articles in the room and subsequently videographed the same. The victims in the case are adults,

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aware of the situation. That apart, the investigation in the matter has already concluded and nothing is to be recovered or discovered from the applicant. All the co-accused who were arrested have already been released on bail, and there appears to be no necessity for the custodial interrogation of the present applicant.

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In the circumstances, the applicant has made out a case for grant of anticipatory bail. Hence, the following order:

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(i) In the event of applicant’s arrest in CR No.210 of 2025, registered at Baner Police Station, Pune, 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.

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