Mohd Aftaf Aftab vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:68867
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IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AJAY KUMAR NIRANKARI
th
ON THE 7 OF SEPTEMBER, 2026
MISC. CRIMINAL CASE No. 41614 of 2026
MOHD AFTAF AFTAB
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Jafar Khan - counsel for the applicant
Shri Ankit Sisodia - Panel Lawyer for the State
ORDER
This is second application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 by applicant for grant of regular bail
relating to FIR/Crime No.638/2026 registered at Police Station Kotwali,
District Damoh(M.P.), for the offences punishable under Sections 143 of
BNS and Section 3,4,5,6 & 7 of Immoral Traffic (Prevention Act). The
applicant is in jail since 09/07/2026. First application of the applicant
was dismissed as withdrawn with liberty to revive the prayer after filing
of charge sheet vide order dated 11/08/2026.
2. As per the prosecution case, it is alleged that on 09.07.2026,
upon receiving secret information from an informer regarding immoral
activities/prostitution being carried out under the guise of a spa at
Unique The Thai Spa Centre, Teen Gulli Square, Teen Gulli, the police,
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 08-09-2026
17:52:34

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after completing the requisite formalities and securing the presence of

independent witnesses, along with the police staff, proceeded to and
entered the said spa centre. It is alleged that a person was found sitting at
the counter inside the spa centre, who, upon seeing the police personnel,
attempted to flee. However, he was apprehended and, upon being
questioned, disclosed his name as Mohd. Aftaf, son of Ahmed Ali, aged
about 21 years, resident of Bahori Badh, Police Station Churhat, District
Rewa, and was stated to be the operator of the spa centre. Thereafter, all
the rooms situated inside the spa centre were searched one by one. In the
first room adjacent to the counter, one male person was allegedly found
in a naked condition along with a woman. Upon being questioned about
their names and addresses, the male person disclosed his name as Ankur,
son of Hariram Khatik, aged about 28 years, resident of Damoh, near
Harisiddhi Mata Temple, while the woman disclosed that she is a
resident of Jabalpur. Thereafter, the police personnel conducted a search
of the remaining rooms separately. During the course of such search,
applicant Bhagwandas Patel, was allegedly found in one of the rooms
along with a woman stated to be a resident of Nadia, West Bengal.
Similarly, co-accused Pappu, son of Chhallu Patel, aged about 45 years,
resident of Bandakpur, District Damoh, was allegedly found in another
room along with a woman stated to be a resident of Kila Gate, Gwalior.
It is further alleged that during the search of the aforesaid rooms, three
packets of condoms along with two mobile phones, one of Samsung
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 08-09-2026
17:52:34

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make and the other of Redmi make, were recovered. The said articles

were duly seized in the presence of independent witnesses including one
Redmi mobile phone. Thereafter, the drawer of the counter was
searched, from which cash amounting to Rs.4,800/-, three packets of
condoms two mobile phones, one of Oppo make and the other of Poco
make, and documents relating to the registration of the spa centre were
allegedly recovered. The said articles were duly seized in the presence of
witnesses. The aforesaid documents and articles were allegedly produced
by accused Mohd. Aftaf. Subsequently, the women found present at the
spa centre were questioned separately regarding their presence and the
nature of their work. In their respective statements, they allegedly stated
that they belonged to poor families and had come to Damoh in search of
employment. According to their statements, they came into contact with
the operator of the spa centre, namely Mohd. Aftaf, who informed them
that women were required for providing massage services and offered
them remuneration of approximately Rs.10,000/- to Rs.15,000/- per
month. It is further alleged that after they commenced working at the spa
centre, Aftaf informed them that, in addition to providing massage
services, they would also be required to provide sexual services to
customers. Initially, the women allegedly refused to undertake such
activities. However, it is alleged that Aftaf threatened them by stating
that he would not permit them to return to their homes or meet their
children. It is further alleged that some of the women were induced by a
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 08-09-2026
17:52:34

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promise of an increase in their remuneration. Taking advantage of their

poor financial circumstances and their responsibility towards their
children, they were allegedly compelled to engage in such activities.
According to the prosecution, customers visiting the spa centre were also
informed by the operator that, apart from massage services, they would
be required to obtain sexual services from the women present at the spa
centre. On the basis of the statements of the women found present at the
spot and the articles allegedly recovered during the search of the rooms
and counter of the spa centre, a case was registered against the accused
persons. The accused persons, namely Ankur, Bhagwandas Patel, Pappu
and Mohd. Aftaf, were arrested at the spot. On the basis of the material
collected during investigation, including the statements of the women
and the articles allegedly recovered from the spa premises, Crime No.
638/2026 was registered for the aforesaid offences. Consequently, the
present applicant was arrested and thereafter produced before the
competent Court, from where he was remanded to judicial custody.
3. Counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case on the basis
of false and unfounded allegations. The applicant has no connection
with the alleged activities attributed to him. The applicant is neither
required for custodial interrogation nor is any recovery to be effected
from his possession. His continued incarceration would cause serious
hardship and irreparable loss to his family members, who are dependent
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 08-09-2026
17:52:34

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upon him for their livelihood and sustenance. The right to a speedy trial

is a fundamental right guaranteed under Article 21 of the Constitution of
India, and prolonged incarceration without conclusion of trial would
amount to infringement of the said constitutional guarantee. The
statements of the material prosecution witnesses have already been
recorded. Therefore, there is no reasonable apprehension that the
applicant would influence or tamper with the prosecution evidence or
otherwise interfere with the course of justice. The essential ingredients
of Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956
are prima facie absent against the applicant. There is no specific
allegation that the applicant kept or managed a brothel, knowingly lived
wholly or in part on the earnings of prostitution, procured or induced any
person for the purpose of prostitution, or detained any woman in any
premises for the purpose of prostitution. There is no material on record
to demonstrate that the applicant was involved in trafficking,
procurement, or commercial sexual exploitation of any victim. The
allegations, even if taken at their face value, do not establish the
applicant's involvement in the essential ingredients of the offences
alleged against him. The mere presence of the applicant at the place of
occurrence, without any specific overt act or other incriminating material
attributable to him, does not by itself establish his participation in the
alleged offences and cannot constitute sufficient justification for his
continued incarceration. No incriminating article, document, register,
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Signed by: SUSHMA
KUSHWAHA
Signing time: 08-09-2026
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cash, account, record or other material connecting the applicant with the

alleged operation or management of the spa centre or any alleged brothel
has been recovered from his possession. Significantly, the prosecution
has not alleged that the applicant received or derived any financial
benefit, monetary consideration, commission or other pecuniary
advantage from the alleged prostitution activities. In view of the
aforesaid facts and circumstances, the learned counsel for the applicant
submits that the applicant deserves to be enlarged on bail.
4. Learned counsel appearing for the State has vehemently
opposed the prayer for grant of bail and submits that the allegations
levelled against the applicant are serious in nature and arise out of an
incident wherein the applicant was allegedly found inside the spa centre
during the police raid conducted on 09.07.2026. It is submitted that the
presence of the applicant at the spot is specifically disclosed in the
prosecution case and cannot be brushed aside at this stage. It is further
submitted that the prosecution case is not based merely upon the
presence of the applicant at the spa centre, but is supported by the
circumstances in which the applicant was found. During the search of the
spa centre, packets of condoms and mobile phones were allegedly
recovered from the rooms, while cash, mobile phones and documents
relating to the registration of the spa centre were recovered from the
drawer of the counter. The said articles were duly seized in the presence
of independent witnesses. Learned counsel for the State further submits
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 08-09-2026
17:52:34

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that the statements of the women present at the spa centre disclose that

the premises were being used not merely for providing massage services
but also for providing sexual services to customers. It is alleged that the
women were initially engaged for massage work and were subsequently
made to provide sexual services to customers. The statements further
disclose the manner in which the women were allegedly induced,
threatened or compelled to undertake such activities. According to the
State, these circumstances demonstrate that the alleged activities were
being carried out in an organized manner and that the applicant's
presence in the spa center has to be appreciated in the backdrop of the
entire prosecution case.
5. Heard learned counsel for the applicant as well as learned
counsel appearing for the State and perused the case diary and the
material available on record.
6. The applicant is alleged to have been found inside the spa
center during the course of the raid conducted pursuant to information
regarding prostitution being carried out at the said premises. On such
assessment, considering the manner in which the raid was conducted, the
circumstances in which the present applicant was allegedly found, the
statements of the women recorded during investigation and the articles
allegedly recovered from the premises, this Court is not persuaded to
exercise its discretionary jurisdiction in favour of the applicant at this
stage.
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 08-09-2026
17:52:34

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7. Consequently, having regard to the nature and gravity of the

allegations, the material collected during investigation and the
circumstances in which the applicant was allegedly apprehended, this
Court is of the considered opinion that the applicant has not made out a
case for grant of bail.
8. Accordingly, the bail application filed by the applicant is
hereby rejected.
(AJAY KUMAR NIRANKARI)
JUDGE
S /-

Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 08-09-2026
17:52:34