Bombay High Court
BA/3109/2026 of HIMANSHU KUMAR BALI YADAV Vs THE STATE OF MAHARASHTRA on 15 October 2026
923 BA3109.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3109 OF 2026 Himanshu Kumar Bali Yadav …. Applicant V/s. The State of Maharashtra …Respondent Mr. Prabhanjay Dave a /w. Mr. Tanmay Tendulkar and Mr. Shankar Ambhure for
P.H. JAYANI
923 BA3109.2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3109 OF 2026
Himanshu Kumar Bali Yadav
…. Applicant
V/s.
The State of Maharashtra
…Respondent
Mr. Prabhanjay Dave a/w. Mr. Tanmay Tendulkar and Mr. Shankar Ambhure for the Applicant.
Mr. Vinod Chate, APP for the Respondent – State.
Ms. Anupama Patil, PSI, Sakinaka Police Station, present.
CORAM:
SHYAM C. CHANDAK, J.
DATED :
15th OCTOBER, 2026
P.C. :-
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Heard learned Counsel for the parties. Perused the record.
2. The applicant seeks his release on bail in Sessions Case No.286/2026 pending before the learned Additional Sessions Judge, City Civil Court, Mumbai arising out of Cr.No.142/2026 registered with Saki Naka Police Station, Mumbai for the offence punishable under Sections 144(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956, on the report dated 12.02.2026 filed by the Complainant.
3. Considering the material on record and the rival submissions, in my view, there is a prima facie case against the applicant of having committed the alleged offence. However, it appears that, the victim woman was willingly involved in the prostitution and therefore she had gone to the hotel in question for the purpose of the prostitution. The investigation is over.
P.H. JAYANI 923 BA3109.2026.DOC Further detention of the applicant in jail will not serve any purpose. Therefore and considering the punishment provided for the alleged offence, the applicnat may be released on bail. However, as the applicant has one criminal antecedent of 2014 of similar nature, stringent condition needs to be imposed. Mr. Dave, the learned Advocate for the applicant states that the applicant is voluntarily ready to stay out of Mumbai District. Therefore, I am inclined to allow the Application. Hence, following Order :-
(i) The applicant – Himanshu Kumar Bali Yadav be released on bail in Sessions Case No.286/2026 pending before the learned Additional Sessions Judge, City Civil Court, Mumbai arising out of Cr.No.142/2026 registered with Saki Naka Police Station, Mumbai, on his executing a P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount.
(ii) The applicant shall mark his attendance at Saki Naka Police Station, Mumbai on 1st day of a month in every three months, between 11:00 a.m. to 02:00 p.m., till conclusion of the trial.
(iii) The applicant shall regularly attend the proceedings before the jurisdictional Court.
(iv) The applicant shall not enter and reside within the limits of Mumbai District for a period of six months from the date of his release on bail. However, the applicant is permitted to enter the Mumbai district to mark his attendance at Saki Naka Police Station and to attend the proceedings in the trial Court/s.
P.H. JAYANI 923 BA3109.2026.DOC
(v) On being released from jail, the applicant shall furnish his contact number and residential address and contact number of two relatives to the Investigating Officer and shall keep him updated in case there is any change.
(vi) The applicant shall not indulge in identical activities for which he has been arraigned in this case.
(vii) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence the prosecution witnesses to prevent them from deposing against him.
(viii) It is clarified that any observation made in the present Order are for the purpose of deciding the present Bail Application. The trial Court shall decide the said case without getting influenced by any of the said observations.
4. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.)