Mumbai, March 5, 2024: The City Civil and Sessions Court, Greater Bombay, has granted bail to Afridi Makmuddin Shaikh @ Nakmuddin, accused in a case involving charges of rape, deception, and forced abortion. The bail application (No. 235 of 2024) was filed in connection with Crime No. 234 of 2023, registered at the Sewree Police Station under Sections 376, 376(2)(n), 313, and 417 of the Indian Penal Code (IPC).
The case was heard by Additional Sessions Judge Smt. N.S. Shaikh (C.R. No. 39), who pronounced the order on March 5, 2024. Representing the accused was Advocate S.K. Zende, while the prosecution was represented by Learned Additional Public Prosecutor (APP) Jyotsna Gawli.
Case Background
The complainant, a widow living with her children, alleged that she had been deceived by the accused. According to the victim’s statement, she became acquainted with the accused, who worked at a local chicken shop owned by her neighbor, Isaq. Over time, their interaction developed into an affair lasting from 2020 to 2023. The victim claimed that the accused promised to marry her and take care of her children, leading her to enter into a physical relationship with him.
As per the complaint, the accused would take the victim to a hotel in Sewree, where they engaged in physical relations. In April-May 2023, the victim became pregnant, and the accused allegedly facilitated an abortion on May 23, 2023. However, in July 2023, the accused left Mumbai for his native place in West Bengal and ceased all contact with the victim. She later discovered from his brother that he had married another woman on August 15, 2023. Upon confronting him via a newly acquired contact number, the accused denied any prior relationship with her, prompting her to lodge a formal complaint on December 8, 2023.
Prosecution’s Stand
The prosecution opposed the bail application, arguing that the charges were of a serious nature. They contended that since the accused’s relatives resided near the victim’s house, there was a risk of intimidation or harassment. The prosecution further emphasized that the accused was not a permanent resident of Mumbai and could abscond if granted bail.
Defense’s Argument
The accused was arrested on December 28, 2023, and had been in judicial custody since January 2, 2024. In his defense, he claimed that the relationship was consensual and that the victim had voluntarily undergone an abortion. He further asserted that he had no prior criminal record and was the sole breadwinner for his family. His counsel assured the court that he would comply with all bail conditions if released.
Court’s Observation and Bail Decision
After reviewing the case files, including the First Information Report (FIR) and remand papers, the court noted that the investigation was complete, with a charge sheet already filed under CC No. 6200/151/PW/24. Given that the medical examination of both parties had been conducted, witness statements recorded, and crucial documents such as the hotel register and abortion records obtained, the court determined that further detention would not serve any investigative purpose.
Judge Shaikh stated that while the charges were serious, the accused could be released on bail with strict conditions to address concerns of the prosecution.
Bail Conditions
- The accused must furnish a personal bond of Rs. 50,000 with one or two sureties of the same amount.
- He must appear at Sewree Police Station every Tuesday between 1:00 PM and 4:00 PM until the conclusion of the trial.
- He is prohibited from tampering with prosecution evidence or contacting the victim or witnesses.
- He cannot leave Maharashtra without prior court approval until the trial concludes.
- He must submit proof of residence, phone number, Aadhaar card, and voter ID.
- Any violation of these conditions will result in immediate bail cancellation.
Conclusion
The decision to grant bail has drawn varied reactions. While the victim has expressed concerns about potential harassment, the court has assured that stringent conditions are in place to mitigate such risks. The case will now proceed to trial, where the merits of the allegations will be examined in detail.
Legal experts believe this case underscores the complexities of consent and deception in relationships, as well as the legal challenges in proving allegations under Sections 376 and 417 IPC. The coming months will reveal whether the trial court upholds the prosecution’s charges or sides with the defense’s argument of consensual involvement.
The case remains a significant legal battle, highlighting critical issues of consent, deception, and justice in the Indian legal system.