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Bombay High Court

SHAFIULA @ SOFIULA @ ALAM AABUNS AR VAHIDversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail is granted to the applicant subject to the conditions specified in the order.

Summary

The applicant, Shafiula @ Sofiula @ Alam Aabuns ar Vahid, was arrested under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Immoral Trafficking Prevention Act, 1956 for allegedly trafficking a woman and her minor daughter from Assam to Pune for prostitution. The victim’s statements indicated that she left her matrimonial home voluntarily in a consensual relationship with the applicant, and no injuries or coercion were documented, leading the court to find no prima facie evidence of kidnapping or trafficking. The prosecution argued that the applicant enticed the victim with false promises of marriage and profited from her exploitation, while the defence contended that the charges were unsupported and that other accused had already been bailed. After evaluating the victim’s statements, the supplementary statement, and the lack of material evidence such as cash or receipts, the court held that the applicant’s continued detention was unwarranted. Consequently, the court granted bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, imposing stringent conditions and emphasizing that the trial would determine guilt on the merits.

Issues considered

  • Whether the applicant’s arrest under the BNS and ITPA is justified on a prima facie basis.
  • Whether there exists a prima facie case of kidnapping, human trafficking, and prostitution against the applicant.
  • Whether bail should be granted under Section 483 of the BNSS, 2023 considering the nature of the allegations and the applicant’s alleged role.

Legislation cited

Subjects

  • bail
  • human trafficking
  • prostitution
  • kidnapping
  • prima facie
  • Section 483 BNSS
  • Immoral Trafficking Prevention Act
  • criminal procedure

Judgment

                                                                   BA.456.2026.doc

Ajay

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 456 OF 2026

       Shafiula @ Sofiula @ Alam Aabuns ar Vahid          .. Applicant
             Versus
       State of Maharashtra and Anr.                      .. Respondents

                               ....................
        Mr. Rajabhau Chaudhari a/w. Sharaddha Kadam, Advocates for
         Applicant.
        Ms. Anuja S. Gota, APP for Respondent No.1 – State.
                                   ......…........…

                                  CORAM : MILIND N. JADHAV, J.
                                  DATE        : OCTOBER 08, 2026.

       P.C.:

       1.        Heard Mr. Chaudhari, learned Advocate for Applicant; Ms.

       Gotad, learned APP for Respondent No.1 – State.


       2.        This is an Application under Section 483 of the Bharatiya

       Nagarik   Suraksha   Sanhita,   2023     (for   short   ‘BNSS’)   seeking

       enlargement bail in connection with C.R.No.79 of 2025 registered with

       Faraskhana Police Station for offences punishable under Sections 62,

       64, 97, 98, 142, 143, 99, 34, 32, 3(5), 351(2), 115(2), 127(4) and

       137(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and

       Sections 3, 4, 5, 6 and 7 of Immoral Trafficking Prevention Act, 1956.

       First Information Report (for short ‘FIR’ is filed on 24.04.2025 and

       Applicant was arrested on 25.04.2025.




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3.        Briefly stated, it is prosecution’s case that Respondent No.2 –

Victim is married with one minor daughter and they were residing in

Assam. Her husband was running a vegetable shop in their locality in

Assam and was addicted to alcohol because of which he abused his

wife, harassed her and frequently assaulted her and since her family

was poor she tolerated the abuse silently. In December 2024,

Respondent No.2 – Victim met Applicant and they gradually developed

a close relationship and he allegedly promised her marriage,

employment and peaceful life in Pune. Thereafter, Respondent No.2

along with Applicant and her minor daughter left for Pune and upon

arrival in Pune, she was taken to Budhwar Peth where she allegedly

discovered that Applicant had deceived her and sold her into

trafficking and prostitution. On 24.04.2025, Applicant approached

Faraskhana Police Station and registered present FIR against Applicant

and several other persons for offences punishable under BNS, 2023

and ITPA, 1956. Applicant filed Bail Application No.4089 of 2025

before Sessions Court, Pune which came to be rejected by order dated

04.11.2025. Hence present Application.


4.        Mr. Chaudhri, learned Advocate for Applicant would submit

that Applicant is falsely indicted in the present crime. He would submit

that Respondent No.2 and Applicant were in a love relationship

therefore she along with her minor daughter voluntarily on her own

free will left her matrimonial home and accompanied Applicant from

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Assam to Pune hence the charge of kidnapping is not made out. He

would submit that there is no specific charge of prostitution levied

against Applicant and neither is there any direct role attributed to him

as statement of Respondent No.2 shows that collection of money and

introduction of customers was handled by other accused persons hence

Applicant had no role to play in the prostitution racket. He would

submit that there was no recovery of money, tokens, receipts or any

incriminating material from Applicant. He would submit that

chargesheet has been filed and further detention of Applicant serves no

rational purpose. He would submit that other accused persons have

been granted bail by Additional Sessions Court, Pune hence Applicant

ought to be released on bail on grounds of parity.


5.        Ms. Gotad, learned APP for Respondent No.1 – State would

submit that Applicant enticed Respondent No.2 to travel to Pune on

false promise to marry her but instead sold her into prostitution for a

sum of Rs.5,00,000/-. She would submit that Applicant was

instrumental to bringing Respondent No.2 to Pune and selling her into

prostitution therefore leaving her alone to fend for herself she being in

a vulnerable state. She would submit that Applicant is also likely to

influence Respondent No.2 and the prosecution witnesses. She would

submit that that Applicant and other accused persons forced the victim

to establish relations with unknown persons against her will and

abetted the offence of prostitution. She would submit that Applicant is

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likely to re- offend himself and hence urged this Court to reject grant

of bail to Applicant in light of her submissions.


6.        I have heard the learned Advocates appearing for the parties

and with their able assistance, perused the record of the case.

Submissions made by learned Advocates at the bar have received due

consideration of the Court.


7.        Respondent No.2 – Victim’s statement dated 24.04.2025 is

recorded and appended to the Application. It is seen that Applicant

and Respondent No.2 were in a consensual love relationship when she

decided to flee from Assam to Pune with Applicant and her minor

daughter and prima facie there is nothing in her statement to show

that falsity or deceit was practiced upon her neither is there any

allegation of force or coercion upon Respondent No.2 – Victim to leave

her matrimonial home in Assam and travel to Pune. This is prima facie

evident from the statement of the victim itself. Medico - Legal

Examination Report is appended at page No.31 of the Application and

perusal of the same would show that Respondent No.2 – Victim has

suffered no injuries. These findings prima facie do not inspire

confidence of the Court in the story of Respondent No.2 – Victim that

she was forced into prostitution.


8.        It is seen that Respondent No.2 recorded Supplementary

Statement on 13.05.2025 which is appended to the Application at page


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No.86A wherein she states that certain social activists took advantage

of Respondent No.2’s lack of knowledge of Marathi language and

urged her to file complaint of harassment at the hands of Applicant

and certain other accused persons however she has no complaint of

harassment against those accused persons nor Applicant and that she

was forced to sign her Preliminary Statement dated 24.04.2025. This

Supplementary Statement prima facie shows that the case against

Applicant is slight and he was arrested merely on the basis of

confessional statement of victim on suspicious grounds without any

incriminating material found against him.


9.       It is trite law that ITPA, 1956 is applicable only when a

person is found to be involved in human trafficking for prostitution or

sexual exploitation however perusal of the material on record shows

that there is no prima facie material or evidence to prove direct or

indirect culpability of Applicant in the present crime. There is no

recovery of cash made by the police authorities from Applicant neither

is there any recovery of receipt or bank statements to show receipt of

Rs.5 lakhs therefore charges under ITPA, 1956 are prima facie

unsustainable.


10.      Hence, considering the nature of the allegations made

against Applicant and the fact that chargesheet has been filed and

investigation is completed and most importantly that the victim stayed



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along with the Applicant for 4 months together without demur or any

complaint whatsoever during that period, at this prima facie stage, I

am of the opinion that Applicant should be released on bail.

11.       Further in order to allay the fear of the victim and

submissions made by the prosecution about Applicant re-offending

himself, stringent conditions can be undoubtedly imposed. Needless to

state that complicity of Applicant in the crime shall be proved at trial.

Even though the learned APP vehemently opposed grant of bail, I am

inclined to grant bail on the basis of the aforesaid prima facie facts and

circumstances in present case.

12.       Hence, in view of above prima facie observations and

findings, Bail Application of Applicant is allowed subject to the

following terms and conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with CR. No.79 of 2025;


          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five

                Thousand only) with one or two sureties in the like

                amount;


          (iii) Applicant shall report to the Investigating Officer at the

                concerned Police Station, once every month, on the first

                Monday of the month between 10:00 a.m. to 12:00


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     p.m. until commencement of trial and thereafter shall

     attend all dates of hearing before the Trial Court;


(iv) Applicant shall cooperate with the conduct of the trial

     and remain present before the Trial Court on all dates,

     unless specifically exempted. Applicant shall not seek

     unnecessary adjournments. Any such conduct shall

     entitle the prosecution to apply for cancellation of bail;


(v) Applicant shall not leave India without prior permission

     of the Trial Court;


(vi) Applicant shall not influence any of the witnesses or

     tamper with the evidence in any manner;


(vii) Applicant shall keep the Investigating Officer informed

     of his current residential address and mobile telephone

     number and shall forthwith inform the Investigating

     Officer of any change in his residential address or

     mobile telephone number, as and when such change

     occurs; and


(viii)Any breach or infraction of any of the aforesaid

     conditions shall entail cancellation of the bail granted to

     the Applicant.




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                                  13.       It is clarified that the observations made in this order are

                                  limited for the purpose of granting bail only and I have not made any

                                  observations on merits of the case. The trial shall be adjudicated on

                                  the strength of the evidence led and strictly on its own merits being

                                  uninfluenced with any of the prima facie observations made

                                  hereinabove in this order.


                                  14.       Bail Application is allowed and disposed in the above terms.



                                                                            [ MILIND N. JADHAV, J. ]

        Ajay
               Digitally signed
               by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.10.08
               11:10:42 +0530




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