Kalu @ Khalik Rijajjuddin Mandal v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 3962 OF 2024 Kalu @ Khalik Rijajjuddin Mandal ...Applicant

VERSUS

The State of Maharashtra And Ors.

...Respondents

Mr. Satyavrat Joshi, Advocate for Applicant.

Dr. A. A. Takalkar, APP for the Respondent No.1-State. Mr. Yash Atre, Advocate for Respondent No.2.

CORAM

:

NITIN B. SURYAWANSHI, J.

DATE :

14th JANUARY 2026.

P.C.

1.

By this application, the applicant seeks bail in Crime No.48 of 2022 registered with Vishrambag Police Station, District Sangli, initially for offences punishable under Sections 370, 370(a)(2) of the Indian Penal Code (IPC) and Sections 3, 4, 5, & 6 of the Immoral Trafficking (Prevention) Act, 1956 (PITA), Subsequently, after filing of the initial charge-sheet and the supplementary charge-sheet, offences under Sections 420, 464 465, 466, 468, 471 and 474 read with Section 34 of the IPC were added and offence under Sections 3, 4 and 17 of the Protection of Children From Sexual Offences Act, 2012, (POCSO Act) were also added against the accused persons. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.01.14 20:44:08 +0530 SAJAKALI LIYAKAT JAMADAR

2.

In brief, the prosecution case is that the accused No.1 assisted by accused No.2 procured victim girls, three in number, from Bangladesh and brought them to District Sangli via West Bengal and Pune. It is further alleged against the accused persons that although the victim girls were minor, accused Nos.2 to 6 undertook actions for preparing forged and fabricated documents including birth certificates and attempted to forge Aadhar Cards to show the minor victim girls as major.

3.

Learned Advocate for applicant fairly submits that there is one criminal antecedent against the applicant, however he is released on bail in that case.

4.

Learned APP and Learned Advocate for informant have strenuously opposed the application stating that there is sufficient material on record to show the involvement of the applicant in the present crime.

5.

The applicant is arrested on 29.08.2023 and the chargesheet is filed on 16.10.2023. Total 21 witnesses are cited in the charge-sheet. After filing of charge-sheet, the case is now renumbered as Special Case No.127 of 2023. Though charge is framed, it appears that till date not a single witness is examined by the prosecution. The right of the applicant of speedy trial

guaranteed under Article 21 is violated in the present case. The applicant therefore is entitled for bail. Hence, the following order:

O R D E R

(a) The application is allowed.

(b) The applicant be released on bail in connection with Crime No.48 of 2022 registered with Vishrambag Police Station, District Sangli, on furnishing Personal Bond in the sum of Rs.15,000/- with one surety in the like amount. (c) The applicant shall attend the concerned Police Station once in a month i.e. on first Sunday of every month between 10:00 a.m. to 2:00 p.m. till conclusion of trial. (d) The applicant shall furnish his cell phone number and residential address to the concerned Police Station. (e) The applicant shall not tamper the prosecution evidence and shall scrupulously attend the trial. (NITIN B. SURYAWANSHI, J.)