The Bombay High Court allowed a bail application of a woman, who was accused in a case involving various criminal charges noting that the allegations were not against her but primarily against accused 1. The charges included offenses under the Indian Penal Code (IPC), the Immoral Traffic (Prevention) Act, 1956, and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). Additionally, charges under the Foreigners Act, 1946, and the Foreigners Order, 1998, were later added to the case.

A Bench of Justice M.S. Karnik noted that, “There are no allegations against the accused No.2. There are no criminal antecedents reported against the applicant. The investigation is complete. The charge-sheet has been filed. “

The FIR was registered against accused 1 and the applicant. The primary allegations were against accused 1, and the victim was from Bangladesh. The accusations suggested that the minor victim was forced into prostitution by accused 1. The applicant had been in custody for over four years and eight months, with the trial not yet commenced.

Advocate Rituj J. Waghmare appeared for the Applicant and the Court expressed gratitude for the assistance provided by Advocate Priyanka H. Chavan, who represented respondent No.2 during the proceedings. The Court asked the Legal Services Authority to regularize her appointment.

The Court reviewed the statement of the victim (respondent 2) recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.), which primarily implicated accused 1.

The Court granted bail to the applicant asking her to furnish a P.R. Bond of Rs.50,000 with one or more sureties in the like amount. However, the Court added it was open for the concerned authorities to proceed in accordance with the law as the applicant was a Bangladeshi National.

The Court disposed of the bail application.

Cause Title: Jannatul Firdous Roy v. The State of Maharashtra & Anr., 2023:BHC-AS:24905

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Bombay High CourtJustice M. S. Karnik

Suchita Shukla