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Bombay High CourtBA/4933/2025disposed off

Zakir Hasen Sayeed @ Zakir Hussain Safdar Ali Sayyed v. The State Of Maharashtra

2026-02-09Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4933 OF 2025 Zakir Hasen Sayeed @ Zakir Hussain Safdar Ali Sayyed ... Applicant

Versus

The State of Maharashtra ... Respondent by NILAM SANTOSH KAMBLE Date: 2026.02.11 11:50:42 +0530 NILAM SANTOSH KAMBLE ________________________________________________________ Mr.Abhishek Kulkarni a/w Mr.Sagar Wakale and Mr.R.S. Pere, for the Applicant.

Mr.B.B. Kulkarni, APP for Respondent-State.

Ms.Apeksha Vora, for the Intervenor.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 9th FEBRUARY 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.1508 of 2025 registered with Malwani Police Station, Pune for the offences punishable under Sections 64 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short).

2.

It is prosecution's case that during period from the year 2022 to 2025, the Applicant sexually assaulted the First Informant by threatening her on the ground of providing help to her. It is alleged that the Applicant

threatened the First Informant that he had recorded sexual act with her and he he will make it viral.

3.

It is contention of learned counsel for the Applicant that First Informant is major. The relationship between the First Informant and Applicant were consensual. There is delay in lodging the Complaint, and requested to allow the Application.

4.

It is contention of learned APP along with learned counsel for Respondent No.2 that the Applicant sexually assaulted the First Informant by threatening her that he will viral the recording of their sexual act. If the Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses, and requested to reject the Application. 5.

I have heard all learned counsel. Perused charge-sheet and documents produced on record.

6.

There is delay in lodging the complaint. The First Informant is major. The Applicant is behind bars for more than two months. The investigation is completed and charge-sheet has been filed. 7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Zakir Hasen Sayeed @ Zakir Hussain Safdar Ali Sayyed be released on bail in Crime No.1508 of

2025 registered with Malwani Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not contact the First Informant. (iii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iv) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(v) The Applicant shall attend the concerned Police Station as and when required.

(vi) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)