Ganesh Suresh Gaikar vs State of Maharashtra — Anticipatory Bail | Bombay HC (2026)

Ganesh Suresh Gaikar vs State of Maharashtra — Anticipatory Bail | Bombay HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail under Section 482 BNSS, 2023: in the event of arrest in C.R. No. I-0047 of 2026, release on a PR bond of Rs. 50,000 with two local sureties in the like amount, subject to conditions — surrender of the original Leave and License Agreement dated 10.10.2025 and of passport (if any) to the IO by 12.05.2026; reporting to the IO, Pen Police Station, on 12.05.2026, 14.05.2026 and 19.05.2026 (10:00 am–12:00 pm) and as required; no inducement, threat or promise to witnesses; no tampering with evidence; furnishing residential address with proof and contact details and informing of changes; cooperation with the investigation. Application disposed of accordingly.

Issue for consideration

Whether the Applicant — stated to be the owner of the premises where the raid was conducted and immoral activities were allegedly carried out, let out on Leave and License to co-accused — is entitled to anticipatory (pre-arrest) bail under Section 482 of the BNSS, 2023 in Crime No. I-0047 of 2026, Pen Police Station, Raigad District. +1 more

Court's answer

Considering the stand taken by the Respondent-State and the statement of the Applicant's counsel recorded in para 5 of the order, the Anticipatory Bail Application is allowed on terms.

Ratio / Principle

In the event of the Applicant's arrest in C.R. No. I-0047 of 2026, he shall be released on bail on furnishing a PR bond of Rs. 50,000 with two local sureties in the like amount.

Key takeaways

The grant is conditional on the Applicant handing over the original Leave and License Agreement dated 10.10.2025, executed between the Applicant as Licenser and Sunil Kumar Mehta and Osad Ali Khan as Licensees, to the Investigation Officer, Pen Police Station, Raigad District, on or before 12.05.2026.ratio¶27
The Applicant shall report to the Investigation Officer, Pen Police Station, Raigad District, on 12.05.2026, 14.05.2026 and 19.05.2026 from 10:00 am to 12:00 pm and as and when required, and shall cooperate with the investigation.ratio¶28

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Ashwin D. Bhobe, J. — Anticipatory bail under S. 482 BNSS, 2023 sought by Ganesh Suresh Gaikar, owner of premises at Pen, Raigad District, apprehending arrest in C.R. No. I-0047 of 2026 (Pen P.S., dt. 24.03.2026) under Ss. 3, 4, 5 of the Suppression of Immoral Traffic in Woman And Girls Act, 1956 (as revised to the Immoral Traffic (Prevention) Act, 1956) and S. 143(3) r/w S. 3(5) BNS, 2023, arising from a raid at premises let on Leave and License to co-accused Sunil Kumar Mehta and Osad Ali Khan. Applicant claimed no knowledge of the activities (sworn statement at para 12(f)); Accused Nos. 1–3 already released on bail by the Sessions Court (order dt. 13.04.2026). The State, on the IO's instructions, conceded that custodial interrogation was not required if the original Leave and License Agreement (dt. 10.10.2025, term 36 months) was tendered and cooperation assured. Application ALLOWED: release on PR bond Rs. 50,000 with two local sureties in the like amount upon arrest; conditions — hand over the original agreement and passport to the IO by 12.05.2026; report on 12.05/14.05/19.05.2026 (10 a.m.–12 noon) and as required; no inducement/threat/promise; no tampering with evidence; furnish address proof and contact details; cooperate with investigation. Disposed of (order dt. 05.05.2026).

17-ABA-999-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 999 OF 2026

Ganesh Suresh Gaikar … Applicant

Versus

The State of Maharashtra … Respondent

Mr. Vaibhav Punekar a/w Naseema Shaikh, for the Applicant. Mrs. Rajeshree Newton, APP for the Respondent – State. API Nilesh R. Pen Police Station, is present.

CORAM : ASHWIN D. BHOBE, J. DATE : 5^th May, 2026.

P.C. :

Heard Mr. Vaibhab Punekar, learned Advocate for the

Applicant and Mrs. Rajeshree Newton, learned APP for the Respondent – State.

By the present Application filed under Section 482 of the BNSS, 2023, the Applicant seeks per-arrest bail, apprehending arrest in Crime No. I-0047 of 2026 registered with Pen Police Station, Raigad District, for offences punishable under Sections 3, 4 and 5 of The Suppression of Immoral Traffic in Woman And Girls, Act 1956, as revised to The Immoral Traffic (Prevention)

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Act, 1956, and Section 143(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Mr. Vaibhav Punekar, learned Advocate for the Applicant, states that the Applicant in the present crime is the owner of the premises where the raid was conducted and immoral activities were carried out. He submits that the Applicant had no knowledge of the activities being carried out at the said premises. He refers to paragraph No. 12(f), wherein the Applicant made a categorical statement on oath to that effect. He does not dispute that the said premises were given on a Leave and License basis to Sunil Kumar Mehta and Osad Ali Khan, who are accused in the said crime. He submits that Accused Nos. 1, 2 and 3(i.e., the persons apprehended at the time of the raid from the premises), have been released on bail by the l Sessions Court vide order dated 13.04.2026. He submits that the Applicant is ready and willing to co-operate with the Investigation Officer.

Mrs. Rajeshree Newton, learned APP for the Respondent – State, on instructions from the Investigation Officer present in Court, states that the Applicant is the owner of the raided Arjun 2

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premises. She submits that the Leave and License Agreement executed by the Applicant with Sunil Kumar Mehta and Osad Ali Khan is required to be recovered from the Accused in the present Crime. On instructions from the Investigation Officer present in Court, she states that, in the event the Applicant tenders the original Leave and License Agreement and co-operates with the investigation, the custodial interrogation of the Applicant is not required.

Mr. Vaibhav Punekar, learned Advocate for the Applicant, on instructions from the Applicant, states that the original Leave and License Agreement executed between the Applicant as Licenser and Sunil Kumar Mehta and Osad Ali Khan as Licensee, which is for a term of 36 months, shall be handed over to the Investigation Officer within 7 days from today i.e. on or before 12.05.2026.

Considering the stand taken by the Respondent in this Application and the statement made by Mr. Vaibhav Punekar, learned Advocate for the Applicant, as recorded in para 5 of this order, this Application is allowed on the following terms :-

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(a) In the event of arrest of the Applicant in the C. R. No. I-0047 OF 2026 dated 24.03.2026 registered with Pen Police Station, Raigad District, the Applicant shall be released on bail on furnishing a PR bond in the sum of Rs. 50,000/(Rupees Fifty Thousand only) with two local sureties in the like amount.

b) The Applicant shall hand over the original Leave and License Agreement dated 10.10.2025, executed between the Applicant as Licenser and Sunil Kumar Mehta and Osad Ali Khan as Licensee, to the Investigation Officer Pen Police Station, Raigad District on or before 12.05.2026.

c) The Applicant shall report to the Investigation Officer, Pen Police Station, Raigad District, on 12.05.2026, 14.05.2026 and 19.05.2026 from 10:00 am to 12:00 pm and as and when required by the Investigating Officer, Pen Police Station, Raigad District.

d) Applicant shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade

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such person/s from disclosing the facts to the Court or any police officer.

e) Applicant shall not tamper with evidence in any manner.

f) Applicant shall provide the Investigation Officer with his residential address along with proof, his contact number, email and must inform the Investigating Officer of any changes to this information from time to time.

g) Applicant shall cooperate with the Investigating Officer in the process of investigation of the present Crime.

h) The Applicant shall hand over his passport, if any, to the Investigation Officer, Pen Police Station, Raigad District on 12.05.2026.

Anticipatory Bail Application No. 999 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.05.06
11:24:50
+0530

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