Allowed

Shoyab Hanif Shaikh v. the State of Maharashtra and Anr.

Bombay HC22 Mar 2024BA/1196/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC for offences under IPC and POCSO arising from allegations of penetrative sexual assault. Noting the charge-sheet was filed and the medical report did not fully support penetrative sexual assault, the court released the applicant on bail with conditions including periodic police station attendance.

What did the court decide?

Applicant released on bail on PR bond of Rs.25,000 with one solvent surety, subject to attendance, non-tampering and trial-attendance conditions; State free to seek cancellation.

Shoyab Hanif Shaikh vs the State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.1196 OF 2024

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Shoyab Hanif Shaikh ... Applicant V/s. State of Maharashtra and Anr. … Respondents

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Mr. Amit Icham with Tejas Nikam and Sangram Sawant, for the applicant.

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Ms. Savita Yadav, APP, for the Respondent/State.

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Mr. Shubham G. for the respondent no. 2.

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Digitally signed by VARSHA VARSHA DEEPAK DEEPAK GAIKWAD GAIKWAD Date: 2024.08.27 18:58:28 +0530

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CORAM : ANIL S. KILOR, J.

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DATE : 27TH AUGUST, 2024.

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PC:

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Heard.

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By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.482 of 2023, registered with Shahupuri Police Station, Satara for the offences punishable under Sections 363, 376 (2) (N), 323, 506, 342, 344 of the Indian Penal Code and Sections 4, 8 and 12 of the Protection Of Children from Sexual Offences Act.

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Though the learned counsel for the respondent no. 2 informed that the informant i.e. mother of the victim is present in the

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Court who has been identified by him, has given no objection for grant of bail, considering the seriousness of the matter, I have gone through the charge-sheet and the other material collected by the IO during the investigation to consider the present matter on merit.

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It appears from the charge-sheet that the applicant and the victim they stayed together for about 15 to 16 days and there are allegations of penetrative sexual assault. However, considering the column 18 of the medical report, I am of the opinion that medical report does not support the case of the prosecution fully as regards the penetrative sexual assault.

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In that view of the matter, considering the fact that the charge-sheet has been filed and further custody of the applicant is not necessary. Accordingly, I pass the following order:

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ORDER

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(i) Criminal Bail Application is allowed and disposed off;

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(ii) It is directed that the applicant shall be released on bail in Crime No.482 of 2023, registered with Shahupuri Police Station, Satara for the offences punishable under Sections 363, 376 (2) (N), 323, 506, 342, 344 of the Indian Penal Code and Sections 4, 8 and 12 of the Protection Of Children from Sexual Offences Act, on furnishing P.R.Bond of Rupees Twenty-five Thousand with one solvent surety in the

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like amount;

iii) The applicant shall provide his address and name of the nearby police station to the IO, which he shall attend the said Police Station on 1st and 16th day of every month between 10.00noon to 11.00 a.m., till the conclusion of the trial except on the date of trial;

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iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

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v) Liberty is granted to the State for cancellation of bail if the applicant commits similar offence;

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vi) The applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the trial Court for any reason.

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(ANIL S. KILOR, J)

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varsha

Shoyab Hanif Shaikh v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shoyab Hanif Shaikh v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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