[Cites 6, Cited by 0]
Bombay High Court
Shaikh Asif @ Shaikh Asshu Shaikh Javed vs State Of Maharashtra Thr Pso., Ps Akot ... on 30 January, 2026
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (BA) NO.1423/2025
(Shaikh Asif @ Shaikh Asshu Shaikh Javed Vs. State of Maharashtra & anr.)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. N.A. Waghmare, Advocate for applicant.
Mr. A.R. Chutke, APP for non-applicant No.1/State.
Mr. Y. P. Bhage, Advocate for non-applicant No.2.
CORAM: M. M. NERLIKAR, J.
DATED : 30/01/2026.
Heard.
2. By the present application, the applicant is seeking
bail in connection with Crime No.307/2025 registered with
Police Station Police Akot Fail, Tq. and Dist. Akola for the
offence punishable under Sections 137(2), 64, 64(2)(f),
64(2)(l), 64(2)(m), 65 of the Bhartiya Nyaya Sanhita,
Sections 3, 4, 5(n), 5(l), 8, 9(l) of the Protection of
Children from Sexual Offences Act, 2012.
3. The informant lodged First Information Report
alleging that on 14.06.2025, at about 06:00 p.m., the
informant and her husband along with her children to her
parents' house at Purpidit colony, Akola. The victim was
alone at the house. When they returned back to the home
at about 6:30 P.M., they did not find victim at house and
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therefore, they started searching. On the next day, in the
evening at 5:00 p.m., her elder sister-in-law came to her
house for inquiry about victim, at that time, sister-in-law
received a phone call from applicant (her son). He
informed that he is at Gaigaon and the victim is with him.
Therefore, they all went to Gaigaon at about 8:00 p.m.,
where they found both victim and accused in a hut situated
near railway track. They brought victim back with them.
The victim was frightened & thus she did not tell her
anything. On 16.06.2015 at about 4:00 p.m. her daughter
started bleeding and having stomach pain. Therefore, the
informant took her for treatment to the doctor and after
checkup, doctor informed that the victim recently had
sexual relations. She because of which was getting
stomach pain. After inquiry, victim stated that in her
absence Sk. Asif came to their house. He forcefully took her
on his Motorcycle in one hut near Gaigaon road and
committed forceful sexual relations with her without her
consent. Therefore, the informant lodged report.
4. The learned counsel for the applicant submits that
the applicant is of 22 years of age and the victim is around
14 years of age. He further submits that there was love
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affair between the victim and the present applicant. They
are near relatives of each other and close relations are
developed between them. He submits that as their
relationship was not liked by her parents, the FIR was
registered by the mother of the victim. He has invited my
attention to the statement of the victim wherein she
narrated the story that on the day of incident that is on
14.06.2025, when there was no one in the house, the
present applicant came to the house and she was taken
on his motorcycle. They roamed here and there. The
applicant consumed liquor and thereafter, he has taken her
to an isolated place and committed the sexual intercourse
with her without her consent. The learned counsel has
also invited my attention to the chat between the present
applicant and the victim wherein the victim has referred to
him as "husbandji". He further submits that the applicant is
in Jail since from 17.06.2025, now the investigation is
over, charge sheet is filed and considering the age of the
applicant, he may be granted bail.
5. On the other hand, the learned APP vehemently
opposes the application and submits that the victim was
just around 14 years of age at the time of incident. He
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further submits that the victim has specifically disclosed
that the present applicant has forcefully taken her on his
motorcycle at isolated place without her consent and in
drunken condition has committed rape on her. He further
submits that there is sufficient material against the
applicant. Merely filing charge sheet itself is not sufficient.
Considering the gravity of the offence as the offence is
against minor, therefore, he prays to reject the application.
6. The learned counsel appearing for the non-
applicant No.2 submits that the non-applicant No.2 has no
objection to grant bail to the present applicant.
7. I have heard both the parties. Admittedly, the
victim is around 14 years of age, it appears from the record
that the present applicant and the victim were having love
affair. On the day of incident, it is alleged that the victim
was taken by the present applicant on his motorcycle
forcefully. However, she has not made hue and cry. It
further appears that the applicant and victim was having
affair. It further appears that the applicant is a close
relative of the victim. Considering the fact that the non-
aplicant No.2 has granted no objection to release the
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present applicant on bail and investigation is over and
charge-sheet is filed, I am inclined to grant bail, hence the
following order:-
ORDER
(i) Criminal application is allowed and disposed of.
(ii) The applicant/accused Shaikh Asif @ Shaikh
Asshu Shaikh Javed be released on bail in connection with
Crime No.307/2025 registered with Police Station Police
Akot Fail, Tq. and Dist. Akola for the offence punishable
under Sections 137(2), 64, 64(2)(f), 64(2)(l), 64(2)(m), 65
of the Bhartiya Nyaya Sanhita, Sections 3, 4, 5(n), 5(l), 8,
9(l) of the Protection of Children from Sexual Offences Act,
2012 on his furnishing P.R. Bond of Rs. 25,000/- with one
surety in the like amount.
(iii) The accused shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case, as also shall not
tamper with the evidence.
(iv) The accused shall provide his residential address
and cell number to concerned Police Station and shall not
change his place of residence without prior intimation to
the concerned Investigating Officer.
(v) The applicant/accused shall attend each and every
date of trial regularly. If he fails to attend the trial for two
consecutive dates or fails to comply with the aforesaid
conditions, his default would entails the State to ask for
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cancellation of bail.
(vi) The applicant/accused shall not enter within the
territorial jurisdiction of Police Station Akot Fail, Tq. and
Dist. Akola
( M. M. NERLIKAR, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PS To Honourable Judge
Date: 30/01/2026 18:25:04
