Arbaz Hussain Samad Hussain Ansari vs State of… — Child Sexual Offences (POCSO) | Bombay HC (2026)

Arbaz Hussain Samad Hussain Ansari vs State of… — Child Sexual Offences (POCSO) | Bombay HC (2026)

What the court decided

AI extract

Outcome

Applicant released on bail in C.R.No.680/2025 on executing a P.R. bond of Rs.50,000 with one or two sureties in the like amount, subject to conditions: (a) attendance at Malvani Police Station, Mumbai on the 1st of each calendar month between 11:00 a.m. and 2:00 p.m. till conclusion of trial; (b) regular attendance before the jurisdictional Court unless exempted with reasons recorded in writing; (c) no tampering with prosecution evidence and no direct or indirect influence on prosecution witnesses; (d) furnishing contact number and residential address to the Investigating Officer and keeping him updated on changes; (e) not residing within the jurisdiction of Malvani Police Station, Mumbai till the trial is over.

Issue for consideration

Whether the Applicant, arraigned for alleged offences under Sections 64 and 351(2) BNS 2023 and Sections 4, 8 and 12 POCSO Act 2012 in C.R.No.680/2025, is entitled to bail. +1 more

Court's answer

With the charge-sheet filed, the Applicant having been in custody for almost one year, and the Applicant not likely to abscond or tamper with prosecution evidence, continuation of his incarceration is not required.

Ratio / Principle

Prima facie, the angle of consensual relationship behind the alleged rape cannot be ruled out.

Key takeaways

On the foregoing considerations, the Applicant is entitled to bail.ratio¶19

Detailed headnote1 paragraphs

Criminal — Bail — Alleged rape of minor girl aged 17 years — Offences under Sections 64 and 351(2) of Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 4, 8 and 12 of POCSO Act, 2012 (C.R.No.680/2025, Malvani Police Station, Mumbai) — Victim and Applicant were friends for about a year prior to the incident; alleged rape committed in the morning at the Applicant's house in a Society with adjacent dwelling houses; victim did not raise shout for help; medical report records victim was not willing for medicolegal examination; delay of one day in filing the report — Held: prima facie, the angle of consensual relationship behind the alleged rape cannot be ruled out; Applicant in custody for almost one year; charge-sheet filed; continuation of incarceration not required; Applicant not likely to abscond or tamper with prosecution evidence — Bail granted on P.R. bond of Rs.50,000 with one or two sureties in like amount, with conditions of monthly attendance at Malvani Police Station, regular trial attendance, no tampering with or influence upon prosecution witnesses, furnishing of contact details to Investigating Officer, and non-residence within Malvani Police Station jurisdiction till trial concludes — Observations expressly confined to determination of entitlement for bail and not to be construed as expression of opinion on guilt; trial Court not to be influenced thereby. (Shyam C. Chandak, J.)

12 BA4149.2025.DOC

P.H. JAYANI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 4149 OF 2025

Arbaz Hussain Samad Hussain Ansari …. Applicant V/s. The State of Maharashtra and anr. …Respondents

Mr. Mohd. Tausif Khan and Mr. J. Faisal for the Applicant. Mr. S.S. Ghag, APP for Respondent No.1 - State. Mr. Danish Patel, appointed Advocate for Respondent No.2. Mr. Dudhmal, API, Malvani Police Station, Mumbai, present.

CORAM: SHYAM C. CHANDAK, J.

DATED : 11^th JUNE, 2026

The Applicant is arraigned as an accused in FIR bearing C.R.No.680/2025 registered with Malvani Police Station, Mumbai for commission of the alleged offences punishable under Sections 64 and 351(2) of Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 on the report filed by the Respondent No.2.

Heard Mr. Khan, learned Counsel for the Applicant, Mr. Ghag, learned APP for the Respondent No.1 – State and Mr. Patel, learned Counsel for Respondent No.2.

Mr. Khan, learned Counsel for the Applicant submitted that from the text of the FIR, it is evident that there was friendship between the victim girl ‘N’ aged 17 years and the Applicant. Even, they had decided to marry with each other. The alleged rape was committed at about 7:00 a.m. in the morning, in a chawl, situated

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12 BA4149.2025.DOC

P.H. JAYANI

in a densely populated area. However, the victim did not raise an alarm to attract crowd to save her. As such, this is nothing but a case of consensual relationship. Therefore, bail may be granted.

Mr. Ghag, the learned APP and Mr. Patel, learned Counsel for Respondent No.2, on the other hand, have opposed the Application and submitted that although there was friendship between the victim and the Applicant, the latter committed rape on her. Since the victim was minor, the consent on her part, is immaterial. Thus, there is prima facie case of a serious offence. Therefore, bail may be refused.

I have considered these submissions. The FIR indicates that the victim and the Applicant were residing in the same vicinity. They were friends since one year prior to the incident. As alleged, first, the Applicant raped the victim in the morning, at his house, situated in a Society. Adjacent, there were dwelling houses. However, the victim did not raise shout for help. The medical report mentions that the victim was not willing for medicolegal examination. There is delay of one day in filing the report.

Considering these circumstances, the angle of consensual relationship behind the alleged rape prima facie cannot be ruled out. The Applicant is behind bars for almost one year. Since charge-sheet is filed, therefore, continuation of the incarceration of the Applicant is not required. The Applicant is not likely to abscond and tamper with the prosecution evidence.

In the wake of the above, the Applicant is entitled for bail. Hence, following Order :-

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12 BA4149.2025.DOC

P.H. JAYANI

(i) The Applicant – Arbaz Hussain Samad Hussain Ansari be released on bail in C.R.No.680/2025 registered with Malvani Police Station, Mumbai for the offences punishable under Sections 64 and 351(2) of Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, on his executing P.R. Bond in the sum of Rs.50,000/with one or two sureties in the like amount.

(ii) The Applicant shall mark his attendance at Malvani Police Station, Mumbai on 1^st date of each calender month between 11:00 a.m. to 2:00 p.m. till the conclusion of the trial.

(iii) The Applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing.

(iv) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him.

(v) On being released from jail, the Applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(vi) Till the trial in the said case is over, the Applicant shall not reside within the jurisdiction of Malvani Police Station, Mumbai.

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P.H. JAYANI

(vii) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination to the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the Applicant and the trial Court shall not be influenced by any of the observations made hereinabove.

8) Bail Application stands disposed of in aforesaid terms.

PREETI HEERO JAYANI

(SHYAM C. CHANDAK, J.)

Digitally signed by PREETI HEERO JAYANI Date: 2026.06.12 20:09:57 +0530

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