Rehana Sagir Khan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4684 OF 2025 Rehana Sagir Khan ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Saima Khan, a/w Azam Shaikh i/b Susen Shaikh for the Applicant Mr. H.J. Dedhia, APP for the Respondent-State. Mr B. More for the Respondent No.2. h/f Ms. Sandhya Nair. Mr. Nitin D. Sawant PSI, Bangur nagar Police Station.

CORAM:

R. M. JOSHI, J.

DATED:

PC:- 1.

Applicant seeks bail in connection with C.R. No. 292 of 2025 registered with Bangur nagar Police Station, Mumbai for the offences punishable under Sections 96, 143(2) and 143(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, and 5 of Immoral Traffic (Prevention) Act, 1956 and Section 18 of Protection of Children from Sexual Offences Act, 2012. 2.

In short, it is a case of the prosecution that the applicant

has induced a minor girl into prostitution. Since the information was received in advance, decoy customer was sent to confirm the said fact. According to the case of the prosecution made at the relevant time, decoy approach to the applicant. She received money and introduced the minor victim to the decoy customer at that time she was apprehended. On conclusion of the investigation, chargesheet is filed.

3.

Learned counsel for the applicant submits that applicant has no criminal history and considering the statement of the victim girl, there is no offence under the POCSO can be said to have been attracted in the present case. It is her submission that for the last 11 months, applicant is in jail and there is no chance of trial being commence and conclude in reasonable period of time.

4.

Learned APP and Learned counsel for the Respondent No.2. opposed the application. It is their contention that in order to support their submissions, they drew attention of the Court that during the course of the investigation so also the

WhatsApp chat which according to them indicate that the involvement of the applicant in this crime.

5.

Prima-facie, perusal of the records indicate that the victim-girl does not claim she was subjected to sexual intercourse at any point of time. In such circumstances this Court finds substance in the contention of learned counsel for the applicant that the offence is under POCSO Act may not get attracted. Since the applicant has no criminal history as the chargesheet has already been filed. This Court finds no reason to reject his application.

6.

Hence, following order:-

ORDER

i) The application stands allowed.

ii) Applicant is enlarged on bail in connection C.R. No.292 of 2025 registered with Bangur nagar Police Station, Mumbai to the enlarged on bail on furnishing PR Bond of Rs. 15,000/- with one surety in the like amount, to the satisfaction of the Trial Court. iii) The Applicant not to contact victim directly or indirectly and not to interfere into the evidence of the prosecution in any manner whatsoever.

iv) Applicant to attend each hearing of the trial court on all scheduled dates except exempted by the court. 7.

It is clarified that above all observations are prima-facie in nature and would not bind Trial Court / parties during trial. R. M. JOSHI, J.

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