Sheikh Shahid S/O Sheikh Pyaare Saheb Rahman v. The State Of Maharashtra Thr Pso., Ps Tahsil, Dist. Nagpur And ANR

28aba273.2026..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 273 OF 2026 (Sheikh Shahid s/o Sheikh Pyare Saheb Rahman Vs. State, thr PSO, PS Tahsil, Dist. Nagpur and anr) ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Syed Salman Ali, Advocate for applicant.

Mr. N.S. Autkar, APP for respondent No.1/State. CORAM : M.W. CHANDWANI, J.

DATE : 10.04.2026.

Heard.

2.

The applicant is seeking anticipatory bail in connection with Crime No. 71/2026, registered with Police Station Tahsil, Nagpur, Dist. Nagpur, for the offences punishable under Sections 69, 352 of the Bharatiya Nyaya Sanhita, 2023. 3.

Issue notice to the non applicant, returnable on 27.04.2026.

4.

Learned APP waives notice on behalf of non-applicant/State.

5.

The contention is that a false FIR has been lodged against the applicant alleging rape on the victim. The relationship between the applicant and the victim was consensual. However, just because the applicant refused to marry the victim girl, she has filed a false FIR against him.

28aba273.2026..odt 6.

Perusal of the FIR itself reveals that the alleged sexual intercourse was consensual, albeit, it is alleged that the sexual intercourse was committed on the pretext of promise of marriage. The scrutiny of case diary is necessary which is not available at present. Considering the submission, prima facie, a case is made out for grant of ad interim relief pending the application. Hence, following order is passed:

i) Pending the application, in the event of arrest in connection with Crime No. 71/2026, registered with Police Station Tahsil, Nagpur, Dist. Nagpur, for the offences punishable under Sections 69, 352 of the Bharatiya Nyaya Sanhita, 2023, the applicant Sheikh Shahid s/o Sheikh Pyare Saheb Rahman be released on bail on furnishing a P.R. bond of Rs. 25,000/- with one solvent surety in the like amount.

ii) The applicant shall attend the concerned Police Station on every Monday and Thursday, between 10.00 to 12.00 hrs., for two weeks.

iii) The applicant shall not tamper with the prosecution evidence or threaten the prosecution witnesses and shall cooperate in the investigation.

JUDGE Belkhede