[Cites 10, Cited by 0]
Bombay High Court
Shahebaz Shahnawaz Shaikh vs The State Of Maharashtra And Another on 23 February, 2026
2026:BHC-AUG:8457
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 183 OF 2026
Shahebaz Shahnawaz Shaikh
....Applicant
VERSUS
The State Of Maharashtra And Another
.....Respondent
.....
Advocate for Applicant : Mr. Tilve Akshay Subhash
APP for Respondents: Mr. A.S. Shinde.
CORAM : MEHROZ K. PATHAN, J.
DATE : 23rd FEBRUARY, 2026.
P.C. :-
1. The applicant has approached this court seeking anticipatory
bail in connection with Crime No. 293 of 2024 registered with Chawani
police Station, District Chhatrapari Sambhaji Nagar for the offences
punishable, under Sections 376, 363, 504, 506 r/w. 34 of IPC and under
Sections 4, 8 and 12 of the POCSO Act and under Sections 9.10, and 11
of the Prohibition of Child Marriage Act.
2. At the outset, the learned APP vehemently opposes the
present application on the ground that the present application is a
successive bail application. The earlier application filed by the applicant
came to be rejected vide order dated 6.3.2025 in Anticipatory Bail
Application No. 1200 of 2024.
3. The learned counsel for the applicant submits that the order
of withdrawal dated 6.3.2025 does not record any disinclination to
entertain the application for bail by this Court. The said application was
simplicitor withdrawn by the applicant. Not only this, there was an
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interim order operating in favour of the applicant, vide order dated
18.7.2025 whereby the applicant was released despite of the stringent
provisions of the POCSO Act being invoked in the present case. The
applicant was directed to attend the concerned police station as and
when required by the Investigating Officer. The applicant had thereafter
attended the police station and cooperated with the investigation. Taking
into consideration the cooperation of the applicant with the
Investigating Officer and necessary samples being drawn and filling up
the arrest form and the necessary procedure being followed, the
Investigating Officer has finally submitted a charge sheet on 11.9.2024
before the learned trial court.
4. The learned counsel for the applicant, therefore, submits
that in view of the filing of the charge sheet by the prosecution, there
remains nothing to be investigated as against the applicant. The custodial
interrogation of the applicant, thus, may not be necessary. The perusal of
the allegations made in the FIR itself would show that the victim had
actually gone to the police station, to lodge the complaint against the
complainant/father. The father had thereafter taken the girl back to
home from the police station on 2.6.2024 and two days thereafter, the
present FIR came to be registered on 4.6.2024. The FIR filed by the
father would itself show that the grandmother of the victim - Saberabee
had taken her to the house of the applicant. The statement of the victim
was recorded after two days. In the statement of the victim which is
filed alongwith charge sheet would show that another story is stated by
the victim about the performance of a forced marriage by the applicant
on 1.6.2024. The victim further states that the on 2.6.2024 at about
11.00 p.m. the applicant Shahebaz, his father and entire relatives had
dropped the victim girl to the place of her father on 2.6.2024, whereas,
in the FIR, the father states about taking away the girl from the police
station. The statement of the victim girl was recorded by the prosecution
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under Section 164 of Cr.P.C. wherein, another story is projected i.e. about
the engagement ceremony performed on 31 st May, 2024 and the mediator
for such marriage had made a demand for money and it is on that
ground that the marriage was cancelled. However, the grandmother of
the victim and her sister had performed the marriage of the victim
without the knowledge of the complainant. The victim came to know
about the marriage of the applicant earlier. The father of the victim had
thereafter lodged a complaint with the police station. The victim was
thus taken to the house of the complainant's father by the applicant
Shahebaz and his relatives. Thus, three different stories are being
projected by the prosecution at various stages. The victim girl herself is
ready to perform the marriage with the applicant. The medical
examination papers filed alongwith the charge sheet also do not
corroborate the allegations made in the FIR about the sexual intercourse,
allegedly committed by the applicant. The present FIR is filed only with
an intention to save the family from the clutches of Prohibition of Child
Marriage Act. The applicant is not having any criminal antecedents and
is ready to abide by any conditions that may be imposed by this Court.
5. As against this, the learned APP vehemently opposes the
present application on the ground that the offence is serious in nature,
wherein, the minor victim girl aged about 13 years has alleged forcible
sexual intercourse at the behest of the applicant on the pretext of false
marriage being performed with the assistance of the applicant and his
family members and the grandmother of the victim. There are no
discrepancies in the FIR, the 161 statement of the victim and the 164
statement recorded by the police of the victim girl. The victim girl has
rather reiterated the fact that the applicant has committed sexual
intercourse with the girl in the intervening night between 1.6.2024 and
2.6.2024. The offence is serious in nature. The Medical examination
papers shows that the doctor examining the victim has given an opinion
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that the sexual violence against the victim cannot be ruled out. The
history of the medical examination papers also shows that the
allegations of sexual intercourse are there against the applicant. The
date of birth of the victim is 5.2.2011 and she was 13 years old at the
time of performance of marriage. Sections i.e. 9,10 and 11 of the
Prohibition of Child Marriage Act are invoked. Stringent provisions of
the POCSO Act, i.e. Sections 4, 8 and 12 are also invoked alongwith
Section 376 of IPC. Hence, this is not a fit case to grant anticipatory bail
particularly when the earlier application is withdrawn.
6. I have gone through the charge sheet made available by the
learned counsel for the applicant. Perusal of the charge sheet would
show that the FIR is filed at the behest of the complainant i.e. father of
the victim, thereby specifically stating that the girl was present in the
police station on that day and he received a call from the police station
that the girl was about to lodge a complaint against the
complainant/father. The complainant therefore arrived at the police
station alongwith the relatives and there, it was for the first time he
informed that it was the grandmother of the victim who had taken the
girl alongwith her and left her at the house of Shahebaz i.e. present
applicant, where the applicant Shahebaz is alleged to have outraged her
modesty. The allegations of forcible sexual intercourse at the behest of
the applicant is absent in the FIR registered on 4.6.2024 after the girl was
taken by the complainant father from the police station on 2.6.2024.
Perusal of the FIR would show that the same is lodged on 4.6.2024 even
though the girl came alongwith the complainant father on 2.6.2024.
Thus, there is a delay of two days in lodging the FIR, which is not
explained in the FIR.
7. The statement of the girl came to be recorded by the
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prosecution two days after the lodging of the FIR i.e. on 6.6.2024. The
statement of the victim under Section 161 of Cr.P.C. depicts a different
story altogether, where the girl is said to have performed the marriage,
that the entire family members of the victim except the complainant
father were present alongwith the family members of applicant Shahebaz
and they had performed the engagement on 31.5.2024 at about 7.30
p.m. The victim girl further states that on 1.6.2024 at about 12 Noon,
the grandmother of the victim Saberabee and her sister had taken the
victim girl in a rickshaw to Itkheda, Beed By-pass, and thereafter to Ansar
Colony at the house of Shahbaz at about 2.10 p.m. The father of
applicant Shahebaz had then called upon the Priest to perform the house,
which was performed at 4.00 p.m. on said date and a Nikahnama was
also signed in their behalf,wherein, the victim girl has put her signature
alongwith one Murid Khan in place of her father. The girl thereafter
alleges sexual intercourse in the intervening night of 1.6.2024 and
2.6.2024 by the applicant/accused Shahebaz. It is surprising to note that
the said allegation of sexual intercourse by applicant Shahbaz though
had taken place between the intervening night of 1.6.2024 and 2.6.2024,
and the girl was taken into custody by the complainant father on
2.6.2024 from the police station, however, the FIR which is lodged two
days thereafter, does not make a mention about any sexual intercourse
being performed by the applicant in the intervening night of 1.6.2024
and 2.6.2024. The said omission on the part of the complainant father,
therefore, needs consideration in the present case.
8. In her statement under Section 161 Cr.P.C. recorded on
6.6.2024. the girl also states a different story about the girl being handed
over in the custody of the complainant father by the parents and
relatives of the present applicant Shahebaz on 2.6.2024 at about 11.00
p.m. The FIR filed by the complainant father on the other hand, shows
that the complainant father took custody of the victim girl from the
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police station on 2.6.2024. This is a major discrepancy which also falls
for consideration while deciding the present application for anticipatory
bail.
9. Another statement of the girl was recorded during the course
of investigation i.e. under Section 164 of Cr.P.C., wherein, the girl has
stated that her engagement was performed with the applicant Shahebaz
on 31.5.2024 and that there was a quarrel which had taken place
because of the non payment of fees of the mediator, who had given the
information about the bride to the bride groom. The victim girl again
reiterates that she was taken by her grandmother to the house of her
aunt and thereafter, went to to the house of the applicant, where, the
marriage was performed by the grandmother in the presence of the
relatives of the applicant. The victim further states that the information
about the performance of marriage was given by her grandmother to the
complainant father, who had thereafter filed complaint before the police
station and the applicant's relatives had thereafter dropped the girl to the
house of the father. The statement of the victim that she was dropped by
the applicant and his father runs contrary to what is stated in the FIR
that the victim was taken into custody by complainant father from the
police station. Thus, this is another discrepancy which creates doubt
about the prosecution story. It appears that there is an attempt to
suppress the genesis of the crime involved in the present matter. The
medical examination papers filed alongwith the charge sheet also do not
corroborate the allegations of any sexual intercourse. In the medical
examination report the Doctor specifically observed that there are no
signs of use of force in sexual violence occurred. However, has merely
observed that the attempt of sexual violence cannot be ruled out. The
entire test conducted on the private parts of the victim girl shows the
finding as "within normal limits". There is nothing to corroborate the
allegation made by the complainant's father, who is present before the
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court, alongwith the victim daughter. Mr. Swapnil B. Jadhav, learned
counsel appears on behalf of the complainant and submits that he has no
objection to grant bail to the applicant. The complaint was filed out of
misunderstanding.
10. Thus, taking into consideration the discrepancies in the
statement of the complainant father, statements of the victim recorded
under Section 161 of Cr.P.C and Sections 164 of Cr.P.C. and also the fact
that, the medical examination papers do not corroborate the allegation of
forcible sexual intercourse, I am inclined to protect the applicant in
exercise of powers under section 482 of the BNSS for granting
anticipatory bail to the applicant. The apprehension of the learned APP
can be taken taken care of by imposing stringent conditions upon the
applicant. Hence, the following order :-
ORDER
[i] In the event of arrest of the applicant, in connection
with Crime No. 293 of 2024 registered with Chawani Police
Station, District Chhatrapati Sambhajinagar, for the
offences punishable Sections under Sections 376, 363, 504,
506 r/w. 34 of IPC and under Sections 4, 8 and 12 of the
POCSO Act and under Sections 9.10, and 11 of the
Prohibition of Child Marriage Act, the applicant Shahebaz
Shahnawaz Shaikh, be released on bail on furnishing PR
Bond in the sum of Rs. 50,000/-, with one or more sureties
in the like amount, on the following conditions :-
[i] The applicant shall attend the concerned police station
and report to the Investigating Officer on 28 th February,
2026 and 7th, 14th, 21st March, 2026 between 11.00 a.m. to
1.00 p.m. and shall cooperate with the investigation and
thereafter, till framing of the charge.
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[ii] The applicant shall not tamper with the prosecution
evidence.
[iii] The applicant shall submit his Aadhar and Pan card
to the Investigating Officer alongwith mobile numbers and
addresses of two of his near relatives and his current
address.
[iv] The application is disposed of.
[MEHROZ K. PATHAN]
JUDGE.
grt/-
