Naseem @ Muskan Abdul Wahid Shaikh @ Naseem Bano v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2015 OF 2021 Naseem @ Muskan Abdul Wahid Shaikh @ Naseem Bano ... Applicant Vs The State of Maharashtra ... Respondents ...
Mr. Viral Rathod i/by Nauman A. Shaikh for the Applicant.
Mr. H.J.Dedhia, APP for the Respondent-State. CORAM : SANDEEP K. SHINDE J.
DATE : 10 th AUGUST, 2021.
P.C. :
Heard.
Applicant seeks her enlargement on bail in connection with the Crime No.1566 of 2020 registered with Malwani Police Station for the ofences punishable under Sections 370(3) of the Indian Penal Code, 1860 and Sections 4 and 5 of the Immoral Trafc Prevention Act, Shivgan 1/4
1956.
On a complaint by the Rescue Foundation (NGO), premises of Himalaya Lodging and Boarding were raided by the Social Service Branch of Malwani Police Station. Coaccused Raziya and two victims were found indulged into the prostitution. A statement of one of the victims, aged 30 years, reveals that the applicant had given contact number of accused no.1 to her. Whereafter victim contacted accused no.1 and accompanied her to Himalaya Lodge where the Social Service Branch caught them with the decoy customers sent by the Rescue Foundation. Thus, to be stated, the only material against applicant is that, she had given contact number of Raziya. No other overt act has been attributed. It is informed that Raziya has been released on bail. Investigation is over. There are no criminal antecedents against the applicant.
In consideration of the facts of the case, role attributed to the applicant, in my view, case is made out for Shivgan 2/4
releasing the applicant on bail. Hence, the following order:
ORDER
(i) The applicant in Crime No.1566 of 2020 registered with Malwani Police Station, Mumbai shall be released on executing PR bond for the sum of Rs.25,000/- with one or more sureties in like sum.
(ii) The applicant shall attend the concerned police station once in a month, i.e., on second Monday of every month between 11 a.m. to 1 noon till the charge is framed. (iii) The applicant shall not tamper with the evidence or attempt to infuence or contact the complainant, witnesses or any person concerned with the case The application is accordingly allowed and disposed of.
Shivgan 3/4
It is made clear that observations made here-inabove be construed as expression of opinion for the purpose of bail only and the same shall not in any way infuence the trial in other proceedings.
(SANDEEP K. SHINDE, J.) Shivgan 4/4