Sahil Jumman Ali Khan vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Sahil Jumman Ali Khan vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Applicant enlarged on bail on PR Bond of Rs. 50,000 with one or two local sureties in the like amount, subject to conditions: (i) not to enter the area in which the victim and her family reside (Malvani), except to attend the Police Station and the Trial Court; (ii) attend the Trial Court on each and every date unless exempted; (iii) attend the concerned Police Station once a month between 11:00 a.m. and 02:00 p.m.; (iv) deposit passport (if any) with the concerned Police Station; (v) not leave India without permission of the Trial Court; (vi) not tamper with or attempt to influence or contact the complainant, witnesses or persons concerned with the case; (vii) inform latest residence and contact number to the Court seized of the matter and the Investigating Officer immediately on release and upon any change; (viii) co-operate with the conduct of the trial; infraction of conditions shall entail cancellation of bail.

Issue for consideration

Whether the Applicant — in custody since 22nd March 2023 in connection with FIR No. 216 of 2023 (Malvani Police Station) for offences under Sections 363, 366(A), 368, 376, 376(2)(n) IPC and Sections 4, 5(1), 6, 12 POCSO, whose earlier bail application was rejected by the Special Court (POCSO), Borivali Division, Dindoshi on 13th February 2024 — is entitled to enlargement on bail. +1 more

Court's answer

In any event, the Applicant has suffered incarceration for two and a half years and the trial has not yet commenced; this weighed in favour of release on bail.

Ratio / Principle

The Court noted the statement of the autorickshaw-driver witness: on the intervening night of 14th February 2023 the victim girl boarded his rickshaw directing him to Bandra Station, used his mobile phone to communicate with the Applicant, and after discussion the Applicant came in a taxi, paid the rickshaw fare, and the girl went with him happily.

Key takeaways

It appears from the investigation and the statement of witnesses that the relationship between the parties was consensual.ratio¶11
Only because of the parents' intervention could the marriage between the parties not take place.ratio¶11
Considering the totality of the circumstances, the Court enlarged the Applicant on bail on executing a PR Bond of Rs. 50,000 with one or two local sureties in the like amount, subject to conditions imposed by the Court.ratio

Detailed headnote1 paragraphs

Bail granted — Bombay High Court (Cr. App. Jur.), Bail Application No. 174 of 2025, Dr. Neela Gokhale, J., 15th December 2025. Applicant Sahil Jumman Ali Khan, in custody since 22nd March 2023 in FIR No. 216 of 2023 (Malvani PS, dated 14th February 2023) under Sections 363, 366(A), 368, 376, 376(2)(n) IPC and Sections 4, 5(1), 6, 12 POCSO, sought bail after the Special Court (POCSO), Borivali Division, Dindoshi, rejected his earlier bail application on 13th February 2024; charges were framed on 03rd September 2025 and the trial had not commenced. Facts: First Informant is the victim's mother; victim a minor, about 17 years 8 months; FIR began as a missing-daughter case and revealed she left with the Applicant (acquainted since July 2023), who claimed to work with film actor Salman Khan; she was kept at his sister's house in Uttar Pradesh where, per her account, she was ill-treated, marriage refused and money taken. Held (prima facie): per the investigation and witness statements (including the autorickshaw driver's statement) the relationship was consensual; the marriage did not take place owing to the parents' intervention; and the Applicant had suffered about two-and-a-half years' incarceration with the trial not commenced. Considering the totality, the Applicant was enlarged on bail on a PR Bond of Rs. 50,000 with one or two local sureties in the like amount, with conditions (exclusion from Malvani area except for Police Station/Trial Court attendance; monthly Police Station reporting 11 a.m.–2 p.m.; passport deposit; no leaving India without permission; no tampering/contact with complainant or witnesses; disclosure of residence/contact details; co-operation with trial; infraction entailing cancellation). Observations are prima facie and confined to this Application; the Trial Court to decide uninfluenced.