Sohail Nasir Shaikh v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.720 OF 2026 Sohail Nasir Shaikh ..Applicant Vs.

State of Maharashtra & Anr.

..Respondents _________________________________________________________________ BHALCHANDRA GOPAL DUSANE Mr. Tohid Shaikh i/by Anjali Patil for Applicant. Ms. K.T. Hiwrale, APP for Respondent-State.

Mr. Deepraj Shetye a/w Deep Padachh for Respondent No.2 _________________________________________________________________ BHALCHANDRA GOPAL DUSANE Date: 2026.04.16 11:00:56 +0530 CORAM :

SHIVKUMAR DIGE, J.

DATE :

9th APRIL, 2026.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the State.

2.

By this Application, the Applicant is seeking regular bail in Crime No. 639 of 2025 registered with Kondhwa Police Station, DistrictPune, for the offences punishable under Sections 64(2)(m), 351(2) of the Bharatiya Nyay Sanhita, 2023 (for short "B.N.S") and Section 4, 5(j)(2) and 6 of the Protection of Children From Sexual Offences Act, 2012 (for short "POCSO Act").

3.

It is the prosecution's case that during the period April 2025 to June 2025, the Applicant has sexually assaulted minor daughter of the first informant and impregnated her by threatening her.

4) It is the contention of learned counsel for the Applicant that there was love affairs in between the Applicant and victim. At the time of the incident, the victim was more than 17 years and 9 months old. There is delay in lodging the complaint. The applicant is behind bar for around 7 months. He has no antecedents and requested to allow the application. 5) It is the contention of the learned APP along with learned Counsel for Respondent no.2 that the Applicant was aware about age of the victim. He has sexually assaulted her by threatening and impregnated her. If the applicant is released on bail, he may abscond and threaten the prosecution witnesses and requested to reject the application. 6) I have heard all the learned counsel. Perused the charge-sheet and documents produced on record.

At the time of incident, victim was more than 17 years and 9 months old, whereas the Applicant was 22 years old. It appears from the record that there was love affairs between the Applicant and victim. There is delay in lodging the complaint. The complaint was lodged when the first informant came to know about pregnancy of the victim. The applicant has no antecedents. He is behind bar for more than 7 months. It may take time to conclude the trial.

ORDER

(i) The Applicant- Sohail Nasir Shaikh be released on bail in Crime No. 639 of 2025 registered with Kondhwa Police Station, District-Pune on executing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

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

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order. (iv) The Applicant shall attend the concerned police station, as and when required.

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