Allowed¶26

Ajad Bashabhai Shaikh v. State of Maharashtra and Anr.

Bombay HC22 Apr 2025BA/526/2025

Case brief

AI extract

What is this about?

Regular bail granted by Bombay High Court (Borkar, J.) after about three years' incarceration; charges under IPC Ss. 363, 366, 376(2)(n), 323 r/w 34 and POCSO Ss. 3, 4, 17 arising from love affair and alleged elopement; victim consented to bail; Crime No. 76 of 2022, Jodbhavi Peth Police Station, Solapur; P.R. Bond Rs. 25,000 with one or two sureties.

What did the court decide?

Applicant directed to be released on bail in connection with Crime No. 76 of 2022 (Jodbhavi Peth Police Station, Solapur) on executing a P.R. Bond of Rs.25,000/- with one or two sureties in the like amount. ¶26

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

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130-BA-526-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 526 OF 2025

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Ajad Bashabhai Shaikh ...Applicant Versus

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The State of Maharashtra And Anr. ...Respondents

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Mr. Rahul B. Vijaymane, Advocate for the Applicant. Mr. Mandar B., Advocate for the Respondent No.2. Mr. P. H. Gaikwad, A.P.P. for the Respondent No.1 – State.

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P.C.:

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This is an application for regular bail.

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The applicant came to be arrested in Crime No. 76 of

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2022 registered at Jodbhavi Peth Police Station, District : Solapur for the offences punishable under Sections 363, 366, 376(2)(n), 323 r/w Section 34 of the Indian Penal Code and Sections 3, 4, 17 of the Protection of Children from Sexual Offences Act, 2012.

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Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:2025.06.02 13:17:01 +0530

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There was a love affair between the applicant and the victim. It is alleged that he made her to elope with him and

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Sajakali Jamadar

130-BA-526-2025.doc

subjected her to sexual intercourse, while they were staying together.

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

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The learned counsel for the applicant submits that false report came to be lodged against the applicant as the parents of the victim were against the love relationship of the applicant and the victim. It is submitted that the applicant is still willing to marry the victim. It is further submitted that even otherwise the applicant is in jail for three years.

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The learned counsel for the Respondent No.2/Victim submits that the victim has no objection, if the present applicant is released on bail.

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On the other hand, the learned A.P.P. for the Respondent-State submits that considering the nature of crime, the applicant may not be released on bail.

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The fact that the applicant is in jail for about three years is not disputed. Considering the overall facts and circumstances, I am inclined to release the applicant on bail.

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Sajakali Jamadar

130-BA-526-2025.doc

ORDER

(i) Criminal Bail Application is allowed;

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(ii) The applicant is directed to be released on bail in connection with Crime No. 76 of 2022 registered at Jodbhavi Peth Police Station, District : Solapur for the offences punishable under Sections 363, 366, 376(2)(n), 323 r/w Section 34 of the Indian Penal Code and Sections 3, 4, 17 of the Protection of Children from Sexual Offences Act, 2012, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

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(iii) Application stands disposed of accordingly.

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(N. R. BORKAR, J.)

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Sajakali Jamadar

Ajad Bashabhai Shaikh v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Ajad Bashabhai Shaikh v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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