Bombay High Court
Ruksana Saniya Hamid Hussain Khan vs The State Of Maharashtra And Anr on 14 September, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
2023:BHC-AS:27048
PMB 936.BA.2706-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2706 OF 2023
RUKSANA @ SANIYA HAMID HUSSAIN
KHAN ..APPLICANT
VS.
THE STATE OF MAHARASHTRA AND ANR. ..RESPONDENTS
------------
Adv. Shabbir A. Shora a/w Adv. Mubbasheera Shaikh a/w
Adv. Zishan Tarafdar for the applicant.
Ms. Rutuja Ambekar, APP for the State.
Mr. Satyavrat Joshi for respondent No.2.
------------
CORAM : M. S. KARNIK, J.
DATE : SEPTEMBER 14, 2023.
P.C. :
1. Heard learned counsel for the applicant and learned
APP for the State.
2. This is an application for bail in respect of the offence
punishable under Sections 366(A), 370(1)(4), 372 of the
Indian Penal Code (hereafter 'IPC' for short), Sections 4, 12
of the Prevention of Children from Sexual Offences Act,
2012 (hereafter 'POCSO' for short) and under Sections 4, 5
of the Immoral Traffic (Prevention) Act, 1956 registered on
11.02.2023 vide C.R. No.71 of 2023 with Turbhe Police
Station.
1/5
PMB 936.BA.2706-23.odt
3. On the earlier occasion, I was inclined to enlarge the
applicant on interim bail in view of the urgency. I had issued
notice to the victim in view of the provisions of POCSO Act.
I am informed that the victim has been duly served and she
has requested for legal aid. Mr. Satyavrat Joshi, learned
counsel made his submissions on behalf of the victim
opposing the application for bail.
4. The victim at the relevant time was around 16 years of
age. It is the accusation that in a raid that was conducted, a
dummy customer approached the victim when it was
realised upon recording the statement of the victim, that it
is the applicant who has forced the victim into prostitution.
I have gone through the statement of the victim. The victim
was minor and therefore the provisions of POCSO Act are
invoked. It is the contention of learned counsel for the
applicant that the victim was in need of money and that
there has been no force exerted by the applicant on her to
indulge in these activities. Learned counsel for the applicant
also invited my attention to the statement of the dummy
customer to submit that act on the part of the victim in
2/5
PMB 936.BA.2706-23.odt
consenting to a physical relationship with the dummy
customer was voluntary. It is post the raid that the victim
named the applicant.
5. The accusations against the applicant no doubt are
serious, moreover the victim is a minor.
6. It is pointed out by learned counsel for the applicant
that the applicant is a woman having no criminal
antecedents reported against her. It is further pointed out
that the applicant is a mother of eighteen months old child
who is in prison along with her. It is not disputed that the
applicant is now eight months pregnant. On humanitarian
grounds and in the facts and circumstances of the present
case, I am inclined to enlarge the applicant on bail
considering that the applicant is eight months pregnant and
has to look after a child of eighteen months of age who is in
custody along with her.
7. The victim is a resident of Mumbai. The offence is
registered at Turbhe Police Station, Thane district. Learned
APP and learned counsel for respondent No.2 expressed an
apprehension that the victim will be threatened if the
3/5
PMB 936.BA.2706-23.odt
applicant is enlarged on bail. To allay this apprehension, I
propose to impose some stringent conditions on the
applicant. The applicant needs to be enlarged on bail. The
investigation is complete and the charge-sheet has been
filed. The applicant was arrested on 10.02.2023 and is in
custody for seven months. Hence, the following order :-
ORDER
(a) The application is allowed.
(b) The applicant-Ruksana @ Saniya Hamid Hussain Khan in connection with C.R. No.71 of 2023 registered with Turbhe Police Station shall be released on bail on her furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
(c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of four weeks in lieu of surety.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
4/5PMB 936.BA.2706-23.odt
(e) On being released on bail, the applicant shall furnish her contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(f) The applicant shall attend the trial regularly unless exempted by the trial Court.
(g) Since the victim is residing in Mumbai, the applicant shall not reside in Mumbai and Mumbai Suburban District till conclusion of the trial.
(h) Any attempt on the part of the applicant to contact or threaten the victim will be viewed seriously which may result in cancellation of bail.
8. The application is disposed of.
9. I appreciate the assistance rendered by Mr. Satyavrat Joshi, learned Advocate, who appeared on behalf of the respondent No.2.
10. The trial Court is requested to record the statement of the victim in terms of Section 35(1) of the POCSO Act expeditiously. This order be placed before the trial Court.
(M. S. KARNIK, J.) 5/5 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 14/09/2023 14:57:11