MHNS010045492020 CRIMINAL BAIL APPLICATION NO. 1669/2020
Hajra Altaf Shaikh } Applicant
Age 27 years, Occ. Labour, }
R/o – Panchsheel Nagar, Near }
Hotel Royal Heritage, }
N a s h i k. }
Versus
The State of Maharashtra } Opponent
(Through Police Inspector, } Bhadrakali Police Station, } Nashik) }
Appearance :
Mr. R.D. Awhad, Advocate for the Applicant.
Mrs. D.D. Bhide, Special Public Prosecutor for the State/Opponent.
Order Below Exhibit1
1.This is successive application filed by applicant Hajra Altaf Shaikh for regular bail under Section 439 of the Code of Criminal Procedure.
2.It is submitted that Bhadrakali Police Station arrested the applicant on 04072020 in connection with C.R. No. I320/2020 registered with Bhadrakali Police Station under Sections 376(2)(i) (n), 328, 323, 506 read with Section 34 of the Indian Penal Code, Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act and Sections 4, 5 of the Immoral Trafficking Act. Since then, she is in jail. At present, she is in Magisterial custody.
3.It is alleged that main accused Alisha compelled victim girl for carrying prostitution by administering some stupefying substance. Thereafter, other accused committed rape on her. They have also threatened that if she would disclose the incident to anybody, then they would display video shooting. Accused Alisha also sent the victim girl with accused Sajjo Salim Shaikh and present applicant Hajra for prostitution. After some days, victim girl escaped from the custody of accused and thereafter lodged FIR against accused Alisha and other accused.
4.The applicant contends that she is innocent and has not committed any offence. She has a breastfeeding child. She did not play active role in asking the victim to establish physical relations with anyone nor she has taken any money from anyone for getting the said act done. Prosecution has not filed any documents to suggest that the victim was minor on the date of incident. Therefore, no offence is attracted against the applicant. She has fully cooperated the investigation. No recovery or discovery is made or required to be made from the applicant. She is ready to abide by the conditions for grant of bail, if released. Hence, prayed for bail accordingly.
5.Learned Prosecutor and concerned police station have filed say and strongly objected the application on the ground that the victim specifically named the applicant as perpetrator of the crime and had shown the house of the applicant. If the applicant is enlarged on bail, she is likely to pressurize the victim and put her under fear. At the same time, she is likely to join her lady colleagues to carry out the business of prostitution. The applicant has not disclosed her permanent place of abode and the work she does to earn her livelihood. The applicant is also likely to commit similar offence, if released on bail. Hence, prayed to reject the application of the applicant for bail.
6.Heard both sides and perused the entire record of chargesheet bearing Special Case (POCSO) No. 138/2020.
7.On 03072020, victim aged 15 years 11 months old lodged FIR against accused Alisha and other seven persons alleging that accused Alisha compelled her to carry prostitution by administering some stupefying substance. Thereafter, accused Jayesh, Akdewala and Ganesh committed rape on her. They have also threatened that if she would disclose the incident to anybody, then they would display video shooting. Accused Alisha has also sent the victim girl to accused Sajjo, Shabbo, Hajra and Manisha for carrying prostitution. When accused Alisha decided to sell the victim, at that time she got escaped from her custody and thereafter lodged FIR. In all, five accused came to be arrested and rest of the accused are yet to be arrested.
8.During investigation, it transpired that accused Alisha is the partner of present applicant. She used to drop the victim at the house of present applicant for carrying prostitution. All the five lady accused, in furtherance of their common intention, are doing the business of prostitution in connivance with absconding accused and they have taken undue advantage of the victim, who is an orphan.
She was being taken care by her grandmother, but due to dispute she fell in the hands of present accused, who have used her for prostitution. Accused Alisha initially administered stupefying substance to the victim and pushed her in flesh trade. Accused Alisha and present applicant decided to sell the victim. However, the victim escaped from their clutches and lodged the FIR.
9.Earlier applications for bail filed by the applicant visavis Exhibit 5 in Special Case (POCSO) No. 138/2020 on 23102020 and Criminal Bail Application No. 916/2020 on 17082020 came to be rejected on the ground that the offence is serious in nature. The present applicant in connivance with main accused Alisha tried to sell the victim. Since the victim is an orphan, there is possibility of tampering with the evidence, if the applicant is released on bail.
Since then, there are no change in circumstances brought on record to justify grant of bail to the applicant. In the absence of changed circumstances, successive bail application preferred by the applicant cannot be entertained. Hence, no ground is made out to release the applicant on bail. So, the order :
Order
Criminal Bail Application No. 1669/2020 is hereby rejected.
Sd/ ( D.D. Deshmukh ) Special Judge (POCSO) and Additional Sessions Judge, Date : 12012022 Nashik