Cri.Bail Application No.480/2024
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MHCC020032042024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.480 OF 2024
(C.R.NO.28/2024)
Khushbu Salman Shaikh
Aged 28 Years, Indian Inhabitant,
Residing at Salman Shaikh,
Plot No 24/B/04, 1st Floor,
Road No.3, Near Balaji Watch Shop,
Shivaji Nagar, Govandi, Mumbai 400 043.
..Applicant/Accused
V/s.
The State of Maharashtra
At the instance of Govandi Police Station.

…Respondent
Appearance :Mr. M.S.Pathan, Ld.Advocate for Accused.
Mrs. Meera Choudhari-Bhosale, Ld. Addl.P.P. for Respondent/
State.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 41)
DATED : 26TH MARCH, 2024
ORDER
01.

The application is filed by the accused under Section 439
of the Code of Criminal Procedure, 1973 in connection with C.R.
No.28/2024 registered with Govandi Police Station for the offence
punishable under Section 370(3) of the Indian Penal Code, 1860 and
sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.

Cri.Bail Application No.480/2024
02.

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Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.02 and Additional Say at Exh.2A. It is
adopted by the Ld. Addl.P.P.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that false and concocted FIR is filed against
accused. The accused does not have any nexus in the commission of
the offence. He categorically submitted that the accused did not
force the victims in prostitution. He further submitted that the
accused did not secure any girls for prostitution and did not receive
any amount and was not living on the earnings of prostitution. She
is permanent resident of Mumbai. The accused is ready to abide by
all terms and conditions imposed by the Court. He has prayed for
grant of bail to the accused.
04.

Per contra, Addl.P.P. submitted that the offence is
serious in nature. The investigation is at a preliminary stage. C.R.
No.122/2022 for offence punishable under sections 376, 328 r/w
Section 34 of the Indian Penal Code and sections 4, 6, 8 and 12 of
The Protection of Children from Sexual Offences Act, 2012 and
section 5(1), (a), (b), (d), (I) and (II) of the Immoral Traffic
(Prevention) Act, 1956 is pending against the accused. If the accused
is granted bail, there is possibility that she will tamper with
prosecution evidence and witnesses. There is possibility that she will
abscond and not remain present for trial. If the accused is granted
bail, there is possibility of repetition of crime. She has prayed for
rejection of the bail application.

Cri.Bail Application No.480/2024
05.

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Perused the record. FIR mentions that on 30/01/2024
secret information was received that the accused was providing girls
for prostitution. Two panchas were called. The dummy customer
called from mobile No.8879133285 to the mobile number of the
accused 9004349658.

The dummy customer had whats-app chat
with the accused and the accused sent him photos of the girls. Raid
was effected and 3 victims were rescued. The chat transcript is
produced on record. The statement of the victims mention the name
of the accused. The statement of the Hotel Manager also supports
the story of the prosecution. Amount and mobile are seized. Chargesheet is not yet filed.
06.

Statement of the victims under section 164 of the Code
of Criminal Procedure, 1973 are recorded. Order is passed in RA
08/2024 in C.R.No.28/2024 of Govandi Police Station i.e. present
C.R. Upon perusal of said order dated 20/02/2024 passed by the Incharge, 15th Court, Mazgaon, Mumbai for ITPA, it is seen that it is
mentioned in para 5 that- During the inquiry any sort of force or
coercion not detected regarding sex work done by the said victim. It
is also appended that their involvement in the sex work was found to
be voluntarily. Moreover, voluntary sex work is at all not illegal.
07.

Accused is arrested on 31/01/2024. Taking into
consideration
that
during
enquiry
before
the
Metropolitan
Magistrate, it has come on record that no force or coercion was
detected by the present accused on the victim to engage in
prostitution. Further, all the victims are major. Statement of the
victim under section 164 of the Code of Criminal Procedure, 1973 is
Cri.Bail Application No.480/2024
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recorded and spot panchanama is drawn. Mobile Phone, Notes are
seized. Accordingly, continued incarceration of the accused is not
required.
08.

Though C.R.No.122/2022 for offence punishable under
sections 376, 328 r/w Section 34 of the Indian Penal Code and
sections 4, 6, 8 and 12 of The Protection of Children from Sexual
Offences Act, 2012 and section 5(1), (a), (b), (d), (I) and (II) of the
Immoral Traffic (Prevention) Act, 1956 is pending against the
accused, it is settled legal position that pending offences in itself is
not a ground for rejection of bail application. Further, the
prosecution has not produced on record any judgment to show
conviction of the present accused in any offence. The accused is
permanent resident at Govandi, Mumbai. To facilitate investigation,
the accused is directed to attend the police station. To ensure that the
accused does not abscond, remains present for trial, there is no
repetition of the offence, certain terms and condition can be imposed
upon her. To protect the victim, the accused is directed not to
contact victims directly or indirectly. For the aforesaid reasoning, it
is found fit to grant bail to the accused by imposing certain terms
and conditions. Hence, the orderORDER
1.

The Criminal Bail Application is allowed.

2.

The accused Khushbu Salman Shaikh be released on bail in
Crime No.28 of 2024 registered with Govandi Police Station for
the offence punishable under Section 370(3) of the Indian Penal
Code, 1860 and sections 4 and 5 of the Immoral Traffic
(Prevention) Act, 1956 on executing P.R. Bond of Rs.25,000/-
Cri.Bail Application No.480/2024
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with one or more surety/sureties in like amount, on the
following conditionsa) She shall attend Govandi Police Station on 1 st and 3rd
Saturday of every month from 10:00 a.m. to 11:00 a.m. till
the filing of the charge-sheet and thereafter, on the 1 st
Saturday of every month till conclusion of the trial.

b) She shall not leave the jurisdiction of Mumbai, without
the leave of this Court.

c) She shall give her present address and telephone numbers
to the Investigating Officer as well as to this Court.

d) If there is change in the address, she shall inform the same
to the Investigating Officer as well as to this Court.

e) She shall not tamper or attempt to influence any person
concerned with the case.

f) She shall co-operate in the conduct of the trial.
g) If there is breach of any of the conditions as stated above,
the prosecution shall be at liberty to seek cancellation of
accused’s bail.

3.

Bail before the Ld. Metropolitan Magistrate’s Court.

4.

Breach of any condition would entail cancellation of bail.

Date: 26/03/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
Cri.Bail Application No.480/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
26/03/2024
03:12 P.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
26/03/2024
ORDER signed by P.O. on
26/03/2024
ORDER uploaded on
26/03/2024