Rafi Sikandar Shaikh vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Rafi Sikandar Shaikh vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Applicant to be released on bail in Crime No.142 of 2024 (Tulinj Police Station, Dist. Palghar) on executing a P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, subject to the condition that he shall not enter the limits of Virar-Vasai Municipal Corporation till the conclusion of the trial.

Issue for consideration

Whether the applicant, arrested in Crime No.142 of 2024 (Tulinj Police Station, Dist. Palghar) for offences punishable under Ss.376, 376(2)(n), 366, 354(a), 328, 323, 504, 506 read with S.34 IPC and Ss.4, 8, 12 POCSO, allegedly having had sexual intercourse with the victim on the inducement that he would marry her, should be released on regular bail, the alleged physical relationship appearing prima facie consensual.

Court's answer

The Court perused the charge-sheet and, in particular, the victim's statement recorded by the Virar Police Station dated 15.02.2024.

Ratio / Principle

The applicant and the victim were in a love relationship and the alleged physical relationship appears prima facie consensual.

Key takeaways

On that view the Court was inclined to release the applicant on bail.ratio¶17

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Bail Application No. 2844 of 2024, decided 11 February 2025 by N. R. Borkar, J. Rafi Sikandar Shaikh, arrested in Crime No. 142 of 2024 of Tulinj Police Station, Dist. Palghar, for offences punishable under Sections 376, 376(2)(n), 366, 354(a), 328, 323, 504, 506 read with Section 34 IPC and Sections 4, 8, 12 POCSO, applied for regular bail. According to the prosecution, the applicant induced the victim on a promise that he would marry her and on that pretext committed sexual intercourse with her on multiple occasions. Perusing the charge-sheet, particularly the victim's statement recorded by Virar Police Station on 15.02.2024, the Court found that the applicant and the victim were in a love relationship and the alleged physical relationship appeared prima facie consensual, and allowed the bail application. Release ordered on a P.R. bond of Rs. 25,000/- with one or two sureties in the like amount; the applicant was directed not to enter the limits of Virar-Vasai Municipal Corporation till the conclusion of the trial.

3-BA-2844-2024 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2844 OF 2024

Rafi Sikandar Shaikh ...Applicant Versus The State at the instance of Tulinj Police Station & Anr. ...Respondents

Mr. Vishal Khetre i/by Mr. Ramrao Jagtap, Advocate for the Applicant.

Mrs. P. S. Rane, A.P.P. for the Respondent No.1 – State. Mr. Abhishek Dubey, Advocate for the Respondent No.2. Ms. Rohini Doke (PSI), Tulinj Police Station, Dist.-Palghr, present.

CORAM : N. R. BORKAR, J. DATE : 11^th FEBRUARY, 2025.

P.C.:

This is an application for regular bail.

The applicant came to be arrested in Crime No.142 of

2024 registered at Tulinj Police Station Dist - Palghar for the offence punishable under Sections 376, 376(2) (n), 366, 354(a), 328, 323, 504, 506 and read with Section 34 of the Indian Penal Code and under Sections 4, 8, 12 of the Protection of Children from Sexual Offences Act (POCSO).

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Zeenat Pathan

3-BA-2844-2024 .doc

According to the prosecution the present applicant

had induced the victim that he would marry her and on that pretext committed sexual intercourse with her on multiple occasions.

I have heard the learned counsel for the applicant, learned A.P.P. for the Respondent No.1- State and the learned counsel for the Respondent No.2.

I have perused the charge-sheet and more particularly a statement of the victim recorded by the Virar Police Station dated 15.02.2024. It appears that applicant and the victim were in love relationship. Prima facie, the alleged physical relationship appears to be consensual. In that view of the matter, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.142 of 2024 registered at Tulinj Police Station Dist - Palghar for the offence punishable under Sections 376, 376(2) (n), 366, 354(a), 328, 323, 504, 506 and read with Section 34 of the Indian Penal Code and under Sections 4, 8, 12 of the

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Zeenat Pathan

3-BA-2844-2024 .doc

POCSO Act, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (iii) The applicant shall not enter into the limits of Virar-Vasai Municipal Corporation, till the conclusion of the trial.

(iv) Application stands disposed of accordingly.

(N. R. BORKAR, J.)

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Zeenat Pathan