Mohmmad Soheb Mohammad Shabir Khan v. The State Of Maharashtra Thr Kotwali Polices Station, Crime No. 39/2026

905-aba-348-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 348 OF 2026 Sahil M. Nade ...Applicant V/s.

The State of Maharashtra & Anr.

...Respondents.

..............

Adv. Sumeet A. Gemnani i/b Adv. Satyan Pille for the Applicant. Mr. Shahaji Shinde, B-Panel Counsel for the Respondent/State. Mr. Shubham Tiwari for the Respondent No.2/victim. API Shashikant Pawar, Vashi Police Station is present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

10.02.2026.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 610 of 2025 registered at Vashi Police Station for the offences punishable under Sections 137(2) and 64 of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

3.

It is the case of the prosecution that the applicant promised the victim that he would marry her and on that pretext subjected her to physical relations.

4.

I have heard the learned counsel appearing for the applicant, the learned APP for the respondent / State and the learned counsel for respondent No.2/victim.

Dinesh S. Sherla 1/2

905-aba-348-26.doc 5.

Learned counsel for the applicant and the learned counsel for respondent No.2/victim jointly submit that the applicant and the victim have married each other. It is submitted that there was love affair between them.

6.

Learned APP for the respondent/State submits that at the relevant time the victim was minor. It is submitted that considering the nature of crime, the applicant may not be released on anticipatory bail.

7.

Considering the fact that the applicant and the victim have married each other, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No.610 of 2025 registered at Vashi Police Station for the offences punishable under Sections 137(2) and 64 of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2