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Bombay High Court

SALMA JABIR ALI KHATOONversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

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

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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