Asif Ayyub Shaikh v. State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION. NO. 3397 OF 2025 Asif Ayyub Shaikh ...Applicant

Versus

State Of Maharashtra And Another

...Respondents

Mr. Rahul B. Vijay Mane Advocate for the Applicant Mr. P. P. Deokar APP for the State.

Ms. Sakshi Jankar for respondent no. 2 through Legal Aid

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

11th NOVEMBER, 2025.

P.C.

IRESH MASHAL 1.

By this application, applicant is seeking regular bail in by IRESH MASHAL Date:

2025.11.12 15:54:50 +0530 Crime No. 133 of 2025 registered with Vijapur Naka Police Station, Solapur for offences punishable under Sections 74, 64, 78, 329(4), 351(2) of Bhartiya Nyay Sanhita, 2023.

2.

It is the prosecution's case that the applicant has outraged the modesty of the first informant on various occasions by entering in her house.

3.

It is contention of learned counsel for applicant that there was relation between the applicant and the first informant, Applicant is behind the bar for more than 7 months. Investigation is completed

and charge-sheet has been filed. Hence, requested to allow the application.

4.

It is contention of learned APP alongwith respondent no. 2 that applicant has outraged the modesty of the first informant on various occasions by entering in her house. If applicant is released on bail, he may threaten first informant and prosecution witnesses and requested to reject the application.

5.

I have heard all the learned counsels, perused F.I.R. and documents produced on record. It appears that incident happened on four occasions, but no immediate FIR was lodged against the applicant. There is delay in lodging FIR. Applicant is behind the bar for more than 7 months. Investigation is completed and charge-sheet has been filed. It may take time to conclude the trial. 6.

In view of above, I pass following order:

O R D E R

I.

The Application is allowed.

II.

The Applicant be enlarged on bail in Crime No. 133 of 2025 registered with Vijapur Naka Police Station, Solapur on executing P.R.Bond in the sum of Rs. 20,000/- with one or two sureties in

the like amount.

III. The Applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case. IV.

The Applicant shall attend the Trial Court dates regularly.

V.

The Applicant shall not enter in the area where first informant stays till conclusion of recording of evidence.

VI.

The application is allowed in the aforesaid terms and is accordingly disposed off.

VII. It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

7.

Professional fees of Rs. 10,000/- to be paid to learned counsel appointed through Legal Aid for respondent no. 2. 8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)