Mumbai, Maharashtra – May 13, 2022 – Nasim Bashir Khan, accused in a rape and fraud case, has been granted bail by the Sessions Court for Greater Mumbai. The court, presided over by Additional Sessions Judge Sonali P. Agarwal, granted bail, noting the delay in filing the FIR, the complainant’s claim of marriage to the co-accused, and Khan’s limited direct involvement in the alleged offenses.

Khan was arrested in connection with C.R. No. 43 of 2022, registered at the Ghatkopar Police Station, and was charged under sections 376 (rape), 376(2)(n) (repeated rape), 420 (cheating), and 506 (criminal intimidation) of the Indian Penal Code (IPC).

Background of the Case:

The prosecution alleged that in 2019, co-accused Salim Qureshi took the complainant to Khan’s house, where she was given tea and subsequently lost consciousness. The next day, Qureshi allegedly showed her nude video clips and threatened to make them viral. Khan allegedly told the complainant that Qureshi was his nephew, loved her, and would marry her. Subsequently, Qureshi allegedly had sexual relations with the complainant under the promise of marriage, leading to a pregnancy that was later terminated. Qureshi also allegedly took ornaments and money from the complainant. In August 2021, the complainant stood surety for both accused. The FIR was filed in 2022 after the complainant learned that Qureshi was in his village.

Applicant’s Arguments for Bail:

Usmani, representing Khan, argued that his client was falsely implicated and requested his release on bail.

Prosecution’s Objections:

Meera Choudhary-Bhosale, representing the State, presented the prosecution’s allegations.

Court’s Observations and Decision:

Judge Agarwal noted the significant delay in filing the FIR against Khan, considering the alleged incident at his house occurred in 2019. The court also acknowledged the complainant’s application to the Commissioner of Police, in which she claimed to be married to co-accused Salim Qureshi and living with him.

Considering Khan’s limited direct involvement (allegedly providing tea and introducing Qureshi), the delay in filing the FIR, and the complainant’s claim of marriage, the court found no reasonable grounds to keep Khan in custody. The court also noted the absence of any prior criminal record against Khan.

Bail Conditions:

The court granted bail to Khan, subject to the following conditions:

• Khan must furnish a Personal Bond (PB) and Surety Bond (SB) of Rs. 15,000 with one surety of the same amount.
• Khan must not threaten or cause injury to the complainant.
• Khan must not tamper with prosecution evidence.
• Khan must not directly or indirectly influence any witnesses.
• Khan must provide his mobile number, phone number, and all addresses to the Investigating Officer and inform them of any changes.
• Khan must attend the Ghatkopar Police Station on the first Tuesday of every month between 10:00 AM and 11:00 AM until the police file the final report.

Outcome:

The court’s decision reflects a careful consideration of the specific allegations against Khan, the delay in filing the FIR, and the complainant’s statements. The court’s emphasis on the lack of direct evidence linking Khan to the alleged rape and fraud, combined with the complainant’s claim of a consensual relationship with the co-accused, played a significant role in granting bail. The imposed conditions aim to ensure Khan’s cooperation with the legal process while respecting his right to liberty.