Cri. Apln. No. 1699/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1699 OF 2011 Bharat s/o. Kisan Palve, R/o. Kolhar, Tq. Pathardi, Dist. Ahmednagar. ....Applicant. Versus The State of Maharashtra & Ors. ....Respondents. Mr. N.K. Kakade, Advocate for applicant. Mr. B.J. Sonawane, APP for respondents. CORAM : T. V. NALAWADE, J. DATED : 21st June, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 24/2011 registered with MIDC Police Station, Ahmednagar for offences punishable under sections 294, 366 (A), 34 of the Indian Penal Code and under sections 3, 4, 5, 7 of the Immoral Traffic (Prevention) Act, 1956 (PITA). The APP is ready with the papers of investigation. Both the sides are heard. 2. The crime is registered on the basis of report given by constable. On the basis of information received by police, raid was effected on the premises of Jai Bhavani Kala Kendra situated at Khospuri. There was Cri. Apln. No. 1699/2011 2 information that the owner of the center, present applicant, was running brothel house in the premises after completion of work of Kala Kendra. The punter was sent with marked currency notes. After giving signal by the punter, raid was effected. More than 20 prostitutes were found in the premises and similar numbers of customers were also found. The articles used for prostitution business were found. The marked currency notes were recovered from a person who was present there. 3. It is the case of the prosecution that the present applicant was running the brothel house. The applicant has produced a zerox copy of an agreement dated 6.1.2011 to show that this premises was given on lease basis by him to a person like Anil Bharat Wadekar. The police papers do not show that Anil Bharat Wadekar was present in the premises. In any case, if illegal business like prostitution is going on in the premises of any person, it is his duty to take some measures to prevent such business. The advocate of the applicant submitted that chargesheet is already filed by the police and so there is no need of custodial interrogation. He submitted that bail was granted immediately to the persons who were present on the spot and who were arrested. 4. The relief of anticipatory bail is a discretionary in nature. These days people create some record and use puppets when they do illegal business. There are specific allegations against the present applicant that Cri. Apln. No. 1699/2011 3 he was running a brothel house. If anticipatory bail is granted to such a person, wrong signal would be sent to the society. Only because chargesheet is filed, the relief of anticipatory bail cannot be granted to present applicant. He may apply for regular bail in due course as criteria for granting anticipatory bail are different. So the application stands rejected. [ T. V. NALAWADE, J.] ssc/criapln1699.11