Gujarat High Court
Salman Babu @ Salman Shakil Malik vs State Of Gujarat on 24 July, 2025
NEUTRAL CITATION
R/CR.MA/14574/2025 ORDER DATED: 24/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 14574 of 2025
With
R/CRIMINAL MISC.APPLICATION NO. 4607 of 2025
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SALMAN BABU @ SALMAN SHAKIL MALIK
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. HARESHKUMAR J NIHALANI(16696) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
MS CHETNA JOSHI for the Respondent No.2
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 24/07/2025
ORAL ORDER
1. These applications are filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita for regular bail in
connection with F.I.R. No.11210025223879 of 2022 registered
with Limbayat Police Station, District Surat, for the offences
punishable under Sections 376(2)(J), 376(2)(K), 376(2)(N), 370(A)
(1), 354(A)(U)(1), 354(b), 313, 465, 468, 201, 212, 114, 34, 506(2)
of the Indian Penal Code, 1860 and Sections 3(1), 4(1), 5(1), 6(1)
(b) of Immoral Trafficking Act, 1956 and Sections 3(A), 4, 5(G),
5(L), 5(N), 6, 7, 8, 9(G), 9(L), 9(N), 10, 11(1), 12, 16 and 17 of the
POCSO Act, 2012 and Sections 66(e) and 67(B) of the
Information Technology Act, 2000.
2. Learned advocate for the applicants has submitted
that the investigation is still in progress and Charge-sheet has
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NEUTRAL CITATION
R/CR.MA/14574/2025 ORDER DATED: 24/07/2025
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been filed. the applicants have been arrested in connection with
the present offence in the month of October, 2022 and since
then they are in custody. He has further submitted that the
prosecution has cited as many as 93 witnesses and out of them,
only 19 witnesses have been examined by now. There are many
contradictions in the case of the prosecution. The victim has
filed an application before this Court stating that she has no
objection, if the applicants are ordered to be released on bail.
The victim herself had given contradictory statement as regards
her age as in her initial statement, she has stated her age to be
15 years and in subsequent statement, her age to be 19 years.
He has, therefore, submitted that considering the nature of
offence and role attributed to the applicants, the applicants may
be enlarged on regular bail by imposing suitable conditions.
3. The learned APP appearing for the respondent State
has vehemently submitted that the applicants had been
identified by the prosecutrix during the course of Test
Identification Parade. Thus, the applicants had actively involved
in commission of offence. He has, therefore, submitted that the
allegations against the applicants, are serious in nature and
looking to the facts as well as the allegations made against the
applicants, no discretion should be exercised.
4. Heard learned advocates for the respective parties
and perused the documents produced on record. From the
material available on record it appears that the this is the clear
case of human trafficking wherein the victim who was aged 15
years at the relevant time had been subjected to human
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NEUTRAL CITATION
R/CR.MA/14574/2025 ORDER DATED: 24/07/2025
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trafficking and immoral trafficking. The 15 years old victim had
been made to undertake the activity of immoral trafficking at the
behest of accused persons including the present applicants. The
applicants have been identified by the victim during Test
Identification Parade.
5. Having regard to the aforesaid facts, this Court is not
inclined to exercise its judicial discretion in favour of the
applicants. The applications are dismissed.
(M. R. MENGDEY,J)
NABILA
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