Sohail Hanif Shaikh vs the State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2026)

Sohail Hanif Shaikh vs the State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted to the Applicant in Crime No. 292 of 2025 (Hadapsar Police Station, Dist. Pune) on furnishing a PR bond of Rs.25,000/- with one or two solvent sureties in the like amount, subject to the conditions that he shall not tamper with evidence or influence prosecution witnesses, and shall attend the concerned Police Station as and when required; the Trial Court to decide the case on its own merits uninfluenced by the observations in this order.

Issue for consideration

Whether the Applicant, Sohail Hanif Shaikh, is entitled to regular bail in Crime No. 292 of 2025 registered with Hadapsar Police Station, Dist. Pune, for offences punishable under Sections 64, 71, 351(2) of the Bhartiya Nyaya Sanhita and Sections 4, 5, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

Court's answer

The Applicant, Sohail Hanif Shaikh, is ordered released on bail in Crime No. 292 of 2025 registered with Hadapsar Police Station, Dist. Pune, on furnishing a PR bond of Rs.25,000/- with one or two solvent sureties in the like amount, taking into account the victim's age at the incident, the delay in lodging the complaint, his custody of over one year, absence of antecedents, and the time the trial is likely to take.

Ratio / Principle

As a condition of bail, the Applicant shall not tamper with the evidence and/or influence the prosecution witnesses (clause (ii) of the order, continued across the page break at paragraph 28).

Key takeaways

The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.obiter¶30
As a further condition of bail, the Applicant shall attend the concerned Police Station as and when required.ratio¶31

Detailed headnote1 paragraphs

Criminal Bail Application No. 52 of 2026, High Court of Judicature at Bombay (Criminal Appellate Jurisdiction), Shivkumar Dige, J., decided 16 April 2026 — Regular bail granted to applicant Sohail Hanif Shaikh in Crime No. 292 of 2025 of Hadapsar Police Station, Dist. Pune, registered for offences punishable under Sections 64, 71, 351(2) of the Bhartiya Nyaya Sanhita and Sections 4, 5, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. Prosecution alleged that the Applicant sexually assaulted the first informant on various occasions by threatening her and (per the APP and counsel for Respondent No.2) viraled her photographs, and opposed bail fearing absconding or threats to the victim and witnesses. Granting bail, the Court considered that at the time of the incident the victim was more than 17 years and 11 months old and the Applicant 21 years old, that there was delay in lodging the complaint, that the Applicant had been behind bars for more than one year, that he had no antecedents, and that the trial would take time to conclude. Release ordered on a PR bond of Rs.25,000/- with one or two solvent sureties in the like amount, subject to conditions: the Applicant shall not tamper with the evidence or influence prosecution witnesses, and shall attend the concerned Police Station as and when required; the Trial Court is to decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

13-BA-52-2026 (CR).doc

Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 52 OF 2026

VAISHALI ANIL TIKAM

Digitally signed by VAISHALI ANIL TIKAM Date: 2026.04.20 13:36:15 +0530

Sohail Hanif Shaikh ...Applicant VERSUS The State Of Maharashtra And Anr ...Respondents

VERSUS

Mr. Ravishankar B. Thombare, Advocate for Applicant. Mr. M.G. Patil, APP for Respondent-State. Ms. Nikita Bothara (thr. VC), Advocate for Respondent No.2. PSI Shaikh Altaf, Hadapsar Police Station, Pune present.

CORAM : SHIVKUMAR DIGE, J. DATE : 16^th APRIL, 2026.

P.C. :

Heard learned counsel for the Applicant, learned APP for the State and learned counsel for Respondent No.2.

By this Application, the Applicant is seeking regular bail in Crime No. 292 of 2025 registered with Hadapsar Police Station for the offence punishable under Sections 64, 71, 351(2) of Bhartiya Nyaya Sanhita and under Sections 4,5,6,8 and 12 of the The Protections of Children from Sexual Offences Act, 2012.

It is prosecution’s case that Applicant sexually assaulted the first informant on various occasions by threatening her.

It is contention of learned counsel for the Applicant that there

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13-BA-52-2026 (CR).doc

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was love affair between applicant and first informant. At the time of incident, the first informant was more than 17 years and 11 months’ old. Whereas Applicant was 21 years’ old. There is delay in lodging the complaint. Applicant is behind bars for more than one year. He has no antecedents and requested to allow the application.

It is contention of learned APP along with learned counsel for Respondent No.2 that Applicant sexually assaulted the victim by threatening her. He viraled her photographs. He submits that if applicant is released on bail, he may abscond or threaten the victim and prosecution witnesses and requested to reject the application.

I have heard all learned counsel. Perused the charge-sheet and documents produced on record. At the time of incident, victim was more than 17 years and 11 months’ old. Applicant was 21 years’ old. There is delay in lodging the complaint. Applicant is behind bars for more than one year. He has no antecedents. It may take time to conclude the trial.

Considering these facts, I pass following order:

(i) The Applicant- Sohail Hanif Shaikh be released on bail in Crime No. 292 of 2025 registered with Hadapsar Police Station, Dist. Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or

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influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in

accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms.

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