Rehan Shaikh Taufik Shaikh v. The State Of Maharashtra And Another
2025:BHC-AUG:16162
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 961 BAIL APPLICATION NO. 817 OF 2025 REHAN SHAIKH TAUFIK SHAIKH
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. V.S. Wakale h/f. Mr. D.S. Patil APP for Respondent/State : Mr. V.N. Patil-Jadhav Advocate for Respondent 2 : Mr. S.E. Shekade ...
CORAM :
ARUN R. PEDNEKER, J.
DATE :
26/06/2025 P.C. :
1.
Heard the learned counsel for the applicant, the learned APP for the respondent-State and Mr. S.E. Shekade, learned advocate for respondent No. 2.
2.
The applicant is seeking bail as he was arrested in connection with Crime No. 345/2024 dated 31.12.2024 registered with Harsul Police Station, Chh. Sambhajinagar (City) for the offences punishable under sections 65(1), 137(2) of B.N.S., 2023 and sections 4, 8 and 12 of the Protection of Children From Sexual Offences Act, 2012.
3.
Crime is registered on the basis of complaint filed by mother of the victim. At the relevant time, the victim was of 15 years of age and the applicant was of 20 years of age. On 20.12.2024 the complainant was not found in the house. On 31.12.2024 the complainant received information that applicant has kidnapped the victim. On being produced by the police, the victim informed the mother/informant that during the above period, the applicant has kept the physical relations with her. Therefore, crime is registered against the applicant for aforesaid offence.
4.
The learned counsel for the applicant submits that the applicant and the victim had travelled together and victim had voluntarily resided with the applicant. Investigation in the matter is completed. Since 1.1.2025 the applicant is behind bars. The learned counsel for the applicant submits that the applicant will stay away from the vicinity of the applicant. The learned counsel therefore prays for releasing the applicant on bail. 5.
The victim was present in the court yesterday. Affidavit of the mother of the victim was filed by the learned counsel for respondent No. 2 wherein she has stated that the informant and the victim have no objection to grant bail to the applicant.
6.
On persual of the record it appears that investigation in the matter is completed, the applicant is behind bars from 1.1.2025. Considering that the victim was in the court yesterday and she has no objection to grant bail to the applicant and considering that some time is required to conclude the trial, no purpose would be served by keeping the applicant behind bars. Considering all these aspects of the matter, I hold that applicant can be released on bail.
7.
In view of the above, the application is allowed in the following terms :
a] The applicant shall be released on bail in connection with Crime No. 345/2024 dated 31.12.2024 registered with Harsul Police Station, Chh. Sambhajinagar (City) for the offences punishable under sections 65(1), 137(2) of B.N.S., 2023 and sections 4, 8 and 12 of the Protection of Children From Sexual Offences Act, 2012, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
b] The applicant shall stay away from the vicinity of the victim and informant during pendency of the trial.
c] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.
d] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing.
e] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
f] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 8.
Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. 9.
It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
10.
The application stands disposed of.
[ARUN R. PEDNEKER, J.] SSC/