Allowed

Reshma Wasim Khan v. the State of Maharashtra

Bombay HC4 Mar 2021BA/126/2021

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant in a POCSO and IPC case, finding no direct role in the assault. The court noted the applicant left the premises before the incident and had no criminal antecedents, directing her release on a bond with reporting conditions.

What did the court decide?

Bail allowed; release on ₹25,000 bond with one surety; monthly reporting permitted; provisional cash bail allowed in lieu of surety for eight weeks.

Reshma Wasim Khan Vs the State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2021)

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Ganesh Lokhande

48-ba-126-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 126 OF 2021

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Reshma Wasim Khan...Applicant

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Versus

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The State of Maharashtra ...Respondent

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Mr. Satish B. Patil, Advocate for the Applicant.
Mr. S. S. Pednekar, APP for the Respondent – State.

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CORAM : PRAKASH D. NAIK, J.
DATE : 4th MARCH, 2021.

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PC :

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1.This is an application for bail in connection with C.R.
No. I- 361 of 2019, registered with Manpada Police Station,
Dombivali, for the offences punishable under Section 376, 342 r/w.
34 of Indian Penal Code, 1860 (IPC) and Sections 3, 4, 6, 8 and 12 of
POCSO Act.Statement of complainant is recorded on 26th May, 2019.
The FIR was lodged on 27th May, 2019.

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2. The victim girl is aged about 14 years. She has alleged that she was in relationship with Hasan. The applicant was Digitally signed by acquainted with the mother of victim and she used to visit their RajeP. Aher RajeP. Aher Date: 2021.03.09 14:45:05 house. On 27^th May, 2019 the applicant had called the victim girl and +0530 she accompanied her to the house of Umesh. On 27^th May, 2019 the victim girl called the applicant. Thereafter, both of them went to the

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Ganesh Lokhande

48-ba-126-21.doc

house of Umesh. They had dinner together. The applicant, Wasim
and Umesh left the said premises. The victim slept alone in the house
of Umesh. Whole day victim continue to stay in that house. On 24th
May, 2019 at about 1.30 a.m. Umesh and Wasim visited the house.
They were chatting for sometime. The victim then went to the
bedroom. Umesh brought some contraceptive. Accused Wasim had
threatened the victim and subjected her to sexual assault. The
complaint was lodged on 25th May, 2019.

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3.On perusal of the FIR, it is apparent that the applicant
and victim had visited the house of Umesh on 22nd May, 2019.
Thereafter, victim continued to stay in the said premises. The
applicant had not played any role in the incident of sexual assault.
There is nothing on record to infer that the applicant was
instrumental in subjecting the victim to sexual assault at the instance
of co-accused. Although the incident had occurred on 24th May, 2019
the complaint was lodged on 26th May, 2019.

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4.The applicant is a lady, she has not been attributed any
overtact. The applicant left the premises, the place of incident in the
night of 22nd May, 2019. The incident had occurred thereafter. The
applicant is in custody from 26th June, 2019. There are no criminal
antecedents against her. Hence, case for grant of bail is made out.

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Ganesh Lokhande

48-ba-126-21.doc

O R D E R

i) Bail Application No. of is allowed;

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ii)The applicant is directed to be released on bail in
connection with C.R. No. I- 361 of 2019,
registered with Manpada Police Station, on
furnishing P.R. bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand Only) with one or
more sureties in the like amount;

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iii) The applicant shall report concerned police station once in a month on every first Saturday between 11.00 am. to 1.00 pm.till further order.

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iv) The applicant is permitted to furnish provisional Cash Bail in the sum of Rs.25,000/- for a period of eight weeks in lieu of surety;

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v) Bail Application stands disposed of accordingly.

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(PRAKASH D. NAIK, J.)

Reshma Wasim Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Reshma Wasim Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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