Allowed

Mujibar Gulam Murtuja Choudhary v. the State of Maharashtra

Bombay HC2 Sept 2021BA/718/2020

Case brief

AI extract

What is this about?

In a bail application, the High Court of Bombay granted the applicant release on a police bond considering the investigation is over, the complainant is an adult, and there is no evidence of abduction or carrying on prostitution.

What did the court decide?

Released on executing police bond for Rs. 50,000 with sureties in like sum with directions to furnish address and not tamper with evidence.

Mujibar Gulam Murtuja Choudhary Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2021)

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21-BA-718-2020.odt

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SHAMBHAVI NILESH SHIVGAN

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Digitally signed by SHAMBHAVI NILESH SHIVGAN Date: 2021.09.02 18:52:53 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 718 OF 2020

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Mr. Mujibar Gulam M. Choudhry … Applicant Vs The State of Maharashtra ... Respondents …

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Mr. Abdul R. Bukhari for the Applicant. Mr. A.A.Palkar, APP for the Respondent-State.

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CORAM : SANDEEP K. SHINDE J. DATE : 2ND SEPTEMBER, 2021.

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P.C. :

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Heard.

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2 Applicant seeks his enlargement on bail in connection with the Crime No.0052 of 2019 registered with the Nerul Police Station, Navi Mumbai for the ofences punishable under Sections 36 f 6 , 34 1 , 37 6 , 37 6 0(1)(b) of the Indian Penal Code, 186 6 0 and Section 5 of the Immoral Trafcking (Prevention) Act, 1956 6 . The

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applicant was apprehended on 28 th January, 2019. Investigation is over and fnal report has been fled.

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3 With the assistance of the learned counsel for the parties, I have perused the fnal report.

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4 At the material time, the prosecutrix was 28 year old lady. She is teacher by profession, a Bangladeshi Citizen. She would allege, the applicant on pretence of her medical treatment, when accompanied applicant, repeatedly he sexually exploited her. She would allege, he was intending to push her in prostitution. It is her case that while she was travelling in the train with applicant, she overheard the conversation wherefrom she learnt that applicant was intending to push her in the prostitution. The material which prosecution is relying on, is the complaint and supplementary statement of the complainant. As such,

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material brought on record, does not suggest that the applicant harboured and/or abducted her for sexual exploitation. Evidence also does not suggest that the applicant was intending to live on the earnings of the prosecutrix.

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5 For these reasons, I am inclined to grant bail

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and release the applicant on bail. Hence, the following order:

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ORDER

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(i) The applicant in Crime No.I-0052 of 2019 registered with Nerul Police Station, Navi Mumbai, shall be released on executing PR bond for the sum of Rs.50,000/with one or more sureties in like sum.

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(ii) The applicant shall furnish his present residential address and contact number to the Investigating Ofcer within seven days from the date of his release on bail.

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(iii) The applicant shall not tamper with the evidence or attempt to infuence or contact the complainant, witnesses or any person concerned with the case

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(iv) The applicant shall attend concerned police station as and when called and co-operate in the investigation.

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66 The application is accordingly allowed and disposed of.

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7 It is made clear that observations made here-inabove be construed as expression of opinion for the purpose of bail only and the same shall not in any way infuence the trial in other proceedings.

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(SANDEEP K. SHINDE, J.)

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Mujibar Gulam Murtuja Choudhary v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mujibar Gulam Murtuja Choudhary 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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