Nooralam (Shabbir) Najir Shah vs State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Nooralam (Shabbir) Najir Shah vs State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Release on bail in C.R. No. 79 of 2022 of N.R.I. Sagari Police Station on a personal recognizance (P.R.) bond of Rs. 25,000/- with one or two sureties in the like amount, subject to: (i) attendance once a month at the concerned police station on the first Saturday between 11.00 a.m. and 2.00 p.m. till conclusion of the trial; and (ii) no contact with the victim and no tampering with prosecution evidence.

Issue for consideration

Whether the applicant, arrested in Crime No. 79 of 2022 of N.R.I. Sagari Police Station for offences under Sections 376(2)(j)(l) IPC and Sections 3, 4, 6 and 8 POCSO Act, 2012, should be released on regular bail.

Court's answer

Per the victim's statement (she was aged about 17 years 8 months at the relevant time), prima facie the alleged act appears to be consensual.

Ratio / Principle

Since the applicant had been in jail for two years and 10 months and the trial has not commenced, the Court was inclined to release him on bail.

Detailed headnote1 paragraphs

Regular bail granted — High Court of Judicature at Bombay, Criminal Appellate Jurisdiction, N.R. Borkar, J., 20.02.2025 (Bail Application No. 238 of 2024). Applicant (Nooralam Shabbir Najir Shah) arrested in Crime No. 79 of 2022 of NRI Sagari Police Station for offences under Sections 376(2)(j)(l) IPC and Sections 3, 4, 6 and 8 of the POCSO Act, 2012. Per the victim's statement she was aged about 17 years 8 months at the relevant time; the Court found the alleged act prima facie consensual, noted the applicant had been in custody for two years and 10 months with the trial not yet commenced, and allowed the bail application. Bail on P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount, conditional upon monthly attendance at the concerned police station on the first Saturday between 11.00 a.m. and 2.00 p.m. till conclusion of trial, no contact with the victim, and no tampering with prosecution evidence.

DINESH SADANAND SHERLA

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Digitally signed by DINESH SADANAND SHERLA Date: 2025.03.13 19:06:28 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 238 OF 2024

Nooralam (Shabbir) Najir Shah …Applicant V/s. State of Maharashtra & Anr. ...Respondents.

...Respondents.

Ms Sana Shaikh a/w. Ms Nisha Lakariya, Ms Maya Updesh, ms Sunanda Shinde and Mr. Vipul Ghate for the Applicant. Mr. V.B. Kulkarni, APP for the Respondent/State.

Ms Kavita S. Anchan, Appointed Advocate for the Respondent No.2.

API Rajiv Lole, NRI Coastal Police station present.

CORAM : N.R. BORKAR, J. DATE : 20.02.2025.

P.C. :

This is an application for regular bail.

The applicant came to be arrested in Crime No.79 of 2022 registered at N.R.I. Sagari Police Station for the offences punishable under Sections 376(2)(j)(l) of the Indian Penal Code and Sections 3,4,6 and 8 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the applicant was working in Saloon Shop, which was located in Emerald Building at Ulve. The victim was working in one of the residential flats in the said building. It is alleged that in January 2022, the applicant had called her to his shop and told her that he likes her. It appears that

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thereafter they started talking with each other on phone. It is alleged that one day he called her to his shop and committed forcible sexual intercourse with her.

I have heard the learned counsel for the applicant, the learned APP for the respondent – State and the learned appointed advocate for the respondent No.2/victim.

I have perused the statement of the victim. According to her statement, during the relevant time she was aged about 17 years 8 months. Prima facie, the alleged act appears to be consensual. The applicant is in jail for two years and 10 months and the trial has not commenced. In that view of the matter, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in C.R. No.79 of 2022 registered at N.R.I. Sagari Police Station for the offences punishable under Sections 376(2)(j) (l) of the Indian Penal Code and Sections 3,4,6 and 8 of the Protection of Children from Sexual Offences Act, 2012 on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

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C] The applicant shall attend the concerned police station once in a month ,i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

D] The applicant shall not contact with the victim or tamper with the prosecution evidence.

[N.R.BORKAR, J.]

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