Bombay High Court
SALMA JABIR ALI KHATOONversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail is granted to the accused subject to a personal bond of Rs.25,000 and sureties, with conditions not to tamper with evidence or influence witnesses.
Summary
The applicant, Salma Jabir Ali Khatoon, was arrested for alleged involvement as an agent in prostitution, charged under Section 143(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 5 of the Prevention of Immoral Traffic Act, 1956. She had been in custody for over nine months with no trial progress, and the prosecution argued she might abscond or tamper with witnesses if released. The defense highlighted her lack of antecedents and the undue delay in trial. The court examined the charge sheet, the prolonged pre‑trial detention, and the absence of any prior criminal record. Finding no compelling reason to deny bail, the court ordered her release on a Rs.25,000 personal bond with sureties, subject to conditions not to tamper with evidence or influence witnesses, and directed the trial court to decide the case on its merits.
Issues considered
- Whether bail should be granted to the accused under Section 143(3) BNS and Sections 4 and 5 of the PITA given the nature of the offences and the prolonged pre‑trial detention.
- Whether there is a substantial risk of the accused absconding or tampering with evidence or witnesses that would justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 143(3)
- Prevention of Immoral Traffic Act, 1956 — s. 4, 5
Subjects
- bail
- pre‑trial detention
- prostitution
- Prevention of Immoral Traffic Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- surety
- evidence tampering
Judgment
30-BA-3491-2025.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3491 OF 2025
Salma Jabir Ali Khatoon … Applicant
Versus
The State of Maharashtra … Respondent
Digitally signed
NILAM by NILAM
SANTOSH
SANTOSH
KAMBLE ________________________________________________________
KAMBLE Date: 2026.01.16
15:34:41 +0530
Mr.S.Z. Khatib, for the Applicant.
Mr.M.G. Patil, APP for Respondent-State.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 13th JANUARY, 2026
P.C. :
. By this Application, the Applicant is seeking regular bail in
Crime No.90/2025 registered with Talegaon Dabhade Police Station, Pune,
for the offences punishable under Section 143(3) of the Bharatiya Nyaya
Sanhita, 2023 (‘BNS’ for short) and Sections 4 and 5 of the Prevention of
Immoral Traffic Act, 1956.
2. It is prosecution’s case that, on 20 th April 2025, on secret
information, Police conducted raid at Casanova Lodge, Talegaon Dabhade.
In the said raid, Police found that, prostitution was being carried on therein.
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30-BA-3491-2025.doc
N.S.Kamble
It is alleged that, the Applicant was working as an agent and was providing
the girls to the customers for prostitution by taking money.
3. It is contention of learned counsel for the Applicant that, the
Applicant is behind bar for more than 9 months. There is no progress in
trial. The Applicant is lady. It may take time to conclude trial. She has no
antecedents, and requested to allow the Application.
4. It is contention of learned APP that, the Applicant was providing
victims for prostitution by accepting amount from customers and victims. If
Applicant is released on bail, she may abscond or threaten the victim and
prosecution witnesses, and requested to reject the Application.
5. I have heard both learned counsel. Perused charge-sheet and
documents produced on record.
6. The Applicant is behind bar for more than 9 months. There is
no progress in trial. Investigation is completed and charge-sheet has been
filed. She has no antecedents.
7. Considering these facts, I pass following order.
ORDER
(i) The Applicant-Salma Jabir Ali Khatoon be released
on bail in Crime No.90/2025 registered with Talegaon
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30-BA-3491-2025.doc
N.S.Kamble
Dabhade Police Station, Pune, on furnishing PR bond of
Rs.25,000/- with one or two solvent sureties in the like amount.
(ii) The Applicant shall not tamper with the evidence
and/or influence the prosecution witnesses.
(iii) The Trial Court shall decide the case on its own
merits and in accordance with law, uninfluenced by the
observations made in this order.
(iv) Application is allowed in the aforesaid terms.
(SHIVKUMAR DIGE, J.)
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