Rashid Hussain Shaikh v. State Of Maharashtra And ANR

1 907-ABA 2989-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2989 OF 2025 Rashid Hussain Shaikh ... Applicant V/s.

The State of Maharashtra & Ors.

... Respondents ----- Mr. Rishikesh Dubey a/w Ankit Dwivedi a/w Sujay Shingade for the Applicant.

Ms. Rutuja Ambekar, APP for Respondent No.1-State. ----- CORAM :

N.R. BORKAR, J.

DATE :

04TH NOVEMBER 2025 P.C. :

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.11.04 17:25:46 +0530 MUGDHA MANOJ PARANJAPE 1.

This is an Application for transit anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.38 of 2025 registered with Ranga Police Station, District Sahebganj, State of Jharkhand, for the offences punishable under Sections 64, 143(4) of the Bharatiya Nyaya Sanhita, 2023 and 4, 8 of the Protection of Children from Sexual Offences Act, 2012.

3.

Learned Counsel for the Applicant has drawn my attention to the notice issued to the Applicant by the investigating officer under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is submitted that the Applicant is willing to appear before the investigating officer and cooperate in the investigation. However, the Applicant apprehends that if he appears before the investigating officer, he may be arrested. It is submitted that to enable the Applicant to approach the jurisdictional court Mugdha

2 907-ABA 2989-25.doc for anticipatory bail, the Applicant may be protected from arrest for a period of four weeks.

4.

The issuance of notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 would show that there is no need of immediate custodial interrogation of the Applicant. Considering the said fact, I am inclined to protect the Applicant from arrest for a period of four weeks. Hence, the following order:

ORDER

i.

The Application is allowed.

ii.

In the event of the arrest of the Applicant in Crime No.38 of 2025 registered with Ranga Police Station, District Sahebganj State of Jharkhand, for the offences punishable under Sections 64, 143(4) of the Bharatiya Nyaya Sanhita, 2023 and 4, 8 of the Protection of Children from Sexual Offences Act, 2012, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount, for a period of four weeks. 5.

During this period of four weeks, the Applicant shall approach the jurisdictional court for appropriate relief.

6.

The Application is disposed of in the aforesaid terms. (N.R. BORKAR, J.) Mugdha