Ajad Bashabhai Shaikh v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 526 OF 2025 Ajad Bashabhai Shaikh ...Applicant
Versus
The State of Maharashtra And Anr.
...Respondents
....
Mr. Rahul B. Vijaymane, Advocate for the Applicant. Mr. Mandar B., Advocate for the Respondent No.2. Mr. P. H. Gaikwad, A.P.P. for the Respondent No.1 - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
29th APRIL, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 76 of 2022 registered at Jodbhavi Peth Police Station, District : Solapur for the offences punishable under Sections 363, 366, 376(2)(n), 323 r/w Section 34 of the Indian Penal Code and Sections 3, 4, 17 of the Protection of Children from Sexual Offences Act, 2012.
3.
There was a love affair between the applicant and the Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.06.02 13:17:01 +0530 SAJAKALI LIYAKAT JAMADAR victim. It is alleged that he made her to elope with him and
subjected her to sexual intercourse, while they were staying together.
4.
I have heard the learned counsel for the applicant, learned A.P.P. for the Respondent No.1-State and learned counsel for the Respondent No.2/Victim.
5.
The learned counsel for the applicant submits that false report came to be lodged against the applicant as the parents of the victim were against the love relationship of the applicant and the victim. It is submitted that the applicant is still willing to marry the victim. It is further submitted that even otherwise the applicant is in jail for three years. 6.
The learned counsel for the Respondent No.2/Victim submits that the victim has no objection, if the present applicant is released on bail.
7.
On the other hand, the learned A.P.P. for the Respondent-State submits that considering the nature of crime, the applicant may not be released on bail. 8.
The fact that the applicant is in jail for about three years is not disputed. Considering the overall facts and circumstances, I am inclined to release the applicant on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No. 76 of 2022 registered at Jodbhavi Peth Police Station, District : Solapur for the offences punishable under Sections 363, 366, 376(2)(n), 323 r/w Section 34 of the Indian Penal Code and Sections 3, 4, 17 of the Protection of Children from Sexual Offences Act, 2012, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
(iii) Application stands disposed of accordingly.
(N. R. BORKAR, J.)