Mumbai, June 27, 2022 – Mohd. Nurain Guddu Khan has been granted bail by the Sessions Court in Mumbai in connection with a molestation case. Khan was arrested in connection with Crime No. 195/2022, registered at Shahu Nagar Police Station, for offenses under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354(A) (sexual harassment), and 354(D) (stalking) of the Indian Penal Code (IPC).

The Allegations

According to the First Information Report (FIR), the complainant resided on the ground floor, and Khan worked on the first floor of the same building. The complainant alleged that Khan used to tease her by singing a song. She informed her parents, and her father spoke to Khan’s employer, who gave him a warning. Subsequently, on June 15, 2022, when the complainant was alone at home, Khan allegedly entered her residence, hugged, kissed, and pressed her breasts, thereby outraging her modesty.

Khan’s Defense and Arguments

Represented by Advocate Shaikh, Khan argued that he was falsely implicated. He emphasized that he was 21 years old, innocent, and the sole earning member of his family. He stated that he had no prior criminal record, had been in custody since his arrest, and that the offense was triable by a Magistrate. Khan also asserted that the investigation was nearly complete and that he was willing to abide by any bail conditions.

Prosecution’s Objections

Additional Public Prosecutor (APP) Kalpana Hire opposed the bail application, arguing that Khan was a permanent resident of Uttar Pradesh and posed a flight risk. The prosecution also expressed concerns that Khan might tamper with evidence or threaten the complainant and witnesses.

Court’s Observations and Decision

Additional Sessions Judge A.B. Sharma considered the submissions and the documents on record. The court noted that the trial court had rejected Khan’s bail application due to the seriousness of the offense and the perceived flight risk. However, the court also observed that the investigation appeared to be complete, the offense was not punishable with death or life imprisonment, and Khan had been in custody since his arrest.

“The say filed by prosecution goes to show that the investigation in respect of the accused seems to be completed. The offence is not punishable with death or imprisonment for life. The accused is behind the bars since his arrest and I do not think that any useful purpose would be served by keeping the accused behind the bar. So far as the fear of the prosecution, in respect of the fleeing the accused is concerned, certain conditions may be imposed while releasing him on bail,” Judge Sharma stated in the order.

The court decided to grant bail subject to stringent conditions to address the prosecution’s concerns.

Bail Conditions

Khan was granted bail on a personal bond and surety bond of Rs. 15,000 each. The court imposed the following conditions:

• Khan must attend all court hearings without fail.
• He must not leave India without prior permission from the court.
• He must submit proof of his residential address, phone number, Aadhaar Card, and Election Card (if any).
• He must not engage in any criminal activity, failing which his bail may be canceled.
• He must not tamper with prosecution evidence or witnesses.
• He must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
• He must not visit the place where the complainant and witnesses reside or contact them.
• The prosecution is at liberty to file for cancellation of bail in case of violation of conditions.
• Khan must not contact the complainant or any other prosecution witness.
• He must not enter the area where the complainant resides until the charge sheet is filed.
• Provisional cash bail is allowed for eight weeks.

Key Points

• Investigation Progress: The court considered that the investigation was nearly complete.
• Flight Risk: The court addressed the prosecution’s concerns about flight risk by imposing stringent conditions.
• Seriousness of Offense: While acknowledging the seriousness of the offense, the court balanced it with the progress of the investigation and Khan’s custody period.
• Stringent Conditions: The court imposed stringent conditions to prevent Khan from tampering with evidence or influencing witnesses.
• Victim Protection: Specific conditions were imposed to protect the victim and ensure she was not contacted by the accused.