Criminal BA No. 696/22
in Remand Application 295/22
1
Date 27.04.2022
IN THE SPECIAL COURT FOR PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT, 2012 AT FORT, GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 696 OF 2022
IN
REMAND APPLICATION NO. 295 OF 2022
CNR NO. MHCC020039802022
Nizamuddin Pasamiya Shaikh,
Aged 25 years, Occ. : Service,
Presently residing at 02 New Gautam Nagar,
Near Gulshan A Mustaffa Masjid, Govandi,
Mumbai – 400 043.
)
)
)
)
) …Applicant
V/s.
State of Maharashtra,
(Through Deonar Police Station in C.R. No.
126 of 2022
)
)
) …Respondent
Appearance :
Ld. SPP Sureeta Singh for the State.
Ld. Advocate Mr. Akshay Kapadia a/w Adv Sherekar for Applicant/
Accused.
WPC 112333 attached to Deonar Police Station
CORAM : H.H. THE SPECIAL JUDGE
UNDER POCSO ACT
SMT KALPANA K PATIL
DATE : 27/04/2022 (C.R.NO.36)
ORAL ORDER
1.
Applicant/accused has filed this application u/sec. 439 of Cr.P.C.
for grant of bail in connection with C.R. No. 126 of 2022, for the
offences punishable u/sec. 363, 366 of Indian Penal Code, registered
with Deonar Police Station, Mumbai.
2.
Brief facts giving rise to the present application are as under:
On 18.02.2022 at 11.00 a.m. victim told her mother that she is going to
toilet and left home. She did not return back therefore, victim’s brother
Criminal BA No. 696/22
in Remand Application 295/22
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Date 27.04.2022
filed missing report in Deonar Police Station. Thereafter, informant
received Birth Certificate of victim wherein her birth date is mentioned
as 16.12.2004. Informant and his family members were suspecting that
Nizamuddin Shaikh has kidnapped victim therefore, on 08.03.2022 FIR
came to be filed against applicant /accused. On 11.03.2022, victim
approached Deonar Police Station. Victim stated to police that
Nizamuddin kidnapped her for performing marriage with her. They
have performed marriage in Bandra Court and went to Alibaugh. They
stayed in the hotel at Alibaugh.
Nizamuddin has made physical
relations with her.
3.
Applicant has submitted that he is falsely implicated into the
alleged offence as the family of the victim girl was opposing the
relationship between the applicant and the victim. In order to show her
minor, the complainant used the manipulated Birth Certificate which
was produced at belated stage when the complainant realized that the
victim girl and applicant got married and that there is no scope to
implicate the applicant in any offence or to break down the relationship
between applicant and victim. The applicant is ready to cooperate with
the investigation. The applicant is ready to abide by the terms and
conditions imposed by this Court for grant him bail. The applicant has
no criminal antecedent to his discredit.
4.
Application has been opposed by the prosecution by filing say
vide Exh.2. It is submitted by the prosecution that the present crime is
serious in nature. Accused has not cooperated with the investigation. If
he is released on bail, there are chances of his absconding. If, accused is
released on bail, there are chances of bringing pressure on the
informant and other prosecution witnesses in order to prevent them
Criminal BA No. 696/22
in Remand Application 295/22
from deposing truth.
3
Date 27.04.2022
At last, prosecution prayed that bail application
be rejected.
6.
Heard both sides and also perused FIR. Notice of this application
was sent to informant and victim However, they fell to appear before
Court and submit their say to the bail application.
It is submitted by
way of oral argument on behalf accused that Aadhar Card of the victim
shows that she was major when she left home. Victim herself joined the
company of accused. On the basis of age of victim mentioned in her
Aadhar Card, victim is major and hence, both have performed marriage.
He has not committed any offence. It appears from the police papers
that most of the investigation is now completed. Applicant has filed on
record declaration of marriage and it is signed by both applicant and
the victim girl. He has also filed on record copy of the marriage
certificate. It appears from the record that applicant/accused has not
applied any force on the victim girl for accompanying him or for
performing marriage with him. Considering the documents of marriage
and age of the victim girl shown in her Aadhar Card, it is clear that
accused performed marriage with the victim believing her to be major.
Age of the accused is 25 years. Under such circumstances if, accused is
kept behind bar till conclusion of trial, his future will be vanished.
Hence, I proceed to pass the following order :
ORDER
1.
Bail Application (POCSO) No. 696 of 2022 in C.R. No. 126 of
2022 in Remand Application No. 295 of 2022, is hereby allowed.
2.
Accused Nizamuddin Pasamiya Shaikh, has been released on
bail after furnishing P. R. Bond of Rs. 15,000/ (Rs. Fifteen Thousand
only) each with one surety of the like amount.
Criminal BA No. 696/22
in Remand Application 295/22
3.
4
Date 27.04.2022
The accused shall not tamper with prosecution witnesses, shall
not contact the victim by any mode and shall not leave India without
permission of the Court.
4.
The accused shall furnish the photo copy of his Aadhar Card,
photo copies of documents of his permanent and temporary residential
address, to this Court, so also to the Investigating Officer, within four
weeks from the date of this order.
5.
The accused shall give intimation in writing to Investigating
Officer and this Court as and whenever he changes his residential/
temporary address.
6.
The accused shall furnish in writing the details including names
and addresses of his three blood relatives, whose names are not in the
FIR, within four weeks from today to this Court so also to the
Investigating Officer.
7.
Breach of any of the conditions of this order shall be a ground for
its cancellation.
8.
The application stands disposed off accordingly.
KALPANA
PATIL
Mumbai:
Date: 27/04/2022
Dictated on
: 27/04/2022
Transcribed on : 27/04/2022
Signed on
: 27/04/2022
Digitally signed
by KALPANA
PATIL
Date: 2022.04.27
16:41:33 +0530
(KALPANA K. PATIL)
Special Judge under POCSO Act,
Court Room No.36, Gr. Bombay.
Criminal BA No. 696/22
in Remand Application 295/22
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Date 27.04.2022
“Certified to be true and correct copy of the original signed order”.
27/04/2022
at about 5.45 p.m.
(Ms. Varsha V. Sawant)
Stenographer (H.G.)
Court Room No.36
Name of the Hon’ble Judge
: Smt. Kalpana K. Patil
(Court Room No.36)
Date of pronouncement of Judgment/Order : 27/04/2022
Judgment/Order signed by Hon’ble Judge on : 27/04/2022
Judgment/Order uploaded on
: 27/04/2022
at about 5.45 p.m.