Bail denied where accused’s presence with a woman was corroborated by raid circumstances and recovered articles.

The applicant filed a second application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in Crime No. 638/2026 registered at Police Station Kotwali, District Damoh, for offences under Section 143(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, 1956. He had been in custody since 9 July 2026. His earlier bail application had been dismissed as withdrawn, with liberty to revive the prayer after filing of the charge-sheet

According to the prosecution, police raided “Unique The Thai Spa Centre” on 9 July 2026 pursuant to secret information regarding prostitution-related activities. The applicant was allegedly found in one of the rooms in a naked condition with a woman. Other persons were allegedly found in separate rooms with women. Condoms, mobile phones, cash and documents relating to the spa centre were recovered from the rooms and the counter. Statements of the women allegedly disclosed that they had initially been engaged for massage services but were subsequently induced, threatened or compelled to provide sexual services to customers

Whether the applicant, who was allegedly found in a room with a woman during a raid of premises suspected to be used for prostitution, was entitled to regular bail under Section 483 of the BNSS

Whether the nature of the allegations, the statements of the women present at the premises, and the recoveries made during the raid constituted sufficient material to decline bail at the present stage

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail. The alleged offences were under Section 143(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, 1956

In exercising bail discretion, the Court considered the nature and gravity of the allegations, the material collected during investigation, the circumstances of the applicant’s apprehension, and the possibility of assessing the prosecution case at the bail stage without conducting a final determination of guilt

The Court found that the prosecution case was not based solely on the applicant’s presence at the spa. He was allegedly found in a room with a woman during a raid conducted on information regarding prostitution, while the statements of the women allegedly described an organized arrangement for providing sexual services. The recovery of condoms, mobile phones, cash and spa-related documents from the premises further supported the prosecution’s allegation regarding the nature of the establishment

Although the applicant argued that nothing incriminating was recovered from his personal possession and that the statutory ingredients were not established, the Court held that these contentions required evaluation during trial. At the bail stage, considering the circumstances of the raid, the witness statements and the recovered articles, the Court was not persuaded to exercise its discretionary jurisdiction in the applicant’s favour

The second bail application under Section 483 of the BNSS was accordingly rejected