High Court

Legal Reasoning

BA 1302/20251IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD949 BAIL APPLICATION NO. 1302 OF 2025SHAHRUKH YUNUS SHAIKHVERSUSTHE STATE OF MAHARASHTRA AND ANOTHER...Advocate for Applicant : Mr. Surse Sunil BAPP for Respondent/State : Mr. G.O. WattamwarAdvocate for Respondent 2 : Ms. Pooja Kishor Apache (appointed)...CORAM :ARUN R. PEDNEKER, J.DATE :08/08/2025P.C. : 1.Heard the learned counsel for the applicant, the learned APP for therespondent-State and Ms. Pooja Apache, learned counsel appointed forrespondent No. 2. 2.The applicant is seeking bail as he is arrested in connection with CrimeNo. 149/2024 dated 23.4.2024 registered with Phulambri Police Station,District Aurangabad for the offences punishable under sections 376, 376-AB,452, 506 of I.P.C. and sections 4,8 and 12 of the POCSO Act and section 3(1)(w)(i)(ii), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention ofAtrocity) Act.3.The case of the prosecution is that the incident took place on 21.4.2024at about 2.30 p.m. One person wearing black veil had entered in the house ofthe informant when two daughters of the informant and two daughters of thebrother of the informant were present. It is stated that the person entered inthe house showed knife to the girls and had taken there to them in anotherroom. It is stated that when the victim tried to climb on cot, she fell down.Thereafter, the unknown person threatened the three girls. He torn the clothesof the victim girl who had fallen down and removed her clothes. Thereafter, BA 1302/20252the unknown person wearing veil forcibly committed sexual intercourse withthe victim girl and ran away. The victim girl became unconscious. It is statedthat the person had committed penetrative sexual assault over the victim. It isstated that during the course of investigation, father of the victim intimated tothe police that prior to the date of offence, he had some dispute with thepresent applicant. Later a supplementary statement of the informant came tobe recorded in which the informant has taken the name of the presentapplicant as the person who has committed the offence. Accordingly, crime isregistered against the applicant for aforesaid offence. The applicant wasarrested on 25.4.2024 and since then he is behind bars. The applicant hasfiled application for bail before the trial Court, however, the same is rejected.Therefore, present application is filed for regular bail before this Court.4.The learned counsel for the applicant submits that identification of theaccused was not possible as in the statement of victim it is stated that theoffence is committed by the person, who was wearing black veil with only eyesbeing seen. It is further stated that in the thumb of left leg he was wearingblack thread, wearing chappal and on the mobile there was tatoo of butterfly.The learned counsel submits that after arrest the applicant was neither foundwearing black thread on the toe finger or mobile is also not recovered from theapplicant with butterfly tatoo nor any recovery is made at the instance of theapplicant. It is stated that chappal worn by the applicant is seized, however, inthe chargsheet there is no mention of chappel. The learned counsel submitsthat investigation in the matter is complete and chargesheet is filed and thereis no evidence on record to connect the applicant with the present crime. Thelearned counsel submits that the applicant is in custody for more than one andhalf years and only on the basis of suspicion. The learned counsel thereforeprays to release the applicant on bail. BA 1302/202535.Per contra, the learned APP submits that one of the girl present in theroom identified the applicant during T.I. parade and prays to reject theapplication of the applicant.6.In response to above contention of APP, the learned counsel for theapplicant submits that the T.I. parade is held after one and half months afterthe arrest of the applicant in the present crime and therefore, the result of theT.I. parade itself is doubtful.7.Considering that the applicant is in jail for long period of time i.e. morethan one and half years and evidence connecting the applicant with thepresent crime is weak. Evidence is available only in the form of T.I. parade,which is held after one and half months of the arrest of the applicant. It is notknown how the girl identified the applicant. Considering all above material, Ihold that bail can be granted to the applicant in the present crime by puttingstringent conditions. 8.In view of the above, the application is allowed in the following terms : a]The applicant shall be released on bail in connection with CrimeNo. 149/2024 dated 23.4.2024 registered with Phulambri Police Station,District Aurangabad for the offences punishable under sections 376,376-AB, 452, 506 of I.P.C. and sections 4,8 and 12 of the POCSO Actand section 3(1)(w)(i)(ii), 3(2)(v) of the Scheduled Castes andScheduled Tribes (Prevention of Atrocity) Act, on furnishing PR bond ofRs.20,000/- with one or two sureties in the like amount to thesatisfaction of the trial Court. b]The applicant shall not enter the village Naigaon Bardevasti tillthe conclusion of the trial. c]The applicant, upon being released on bail, shall not contact theinformant, witnesses or victim in any manner whatsoever, during the BA 1302/20254pendency of the trial. d]The applicant shall co-operate with the trial Court and he shallattend each and every date, unless exempted by the trial Court, forreasons to be recorded in writing. If the applicant remains absent forconsequitive two dates during trial, the bail granted shall be liable to becancelled.e]The applicant shall not tamper with the evidence of theprosecution and he shall not influence the informant, witnesses andother persons concerned with the case. f]The applicant, upon being released on bail, shall place on recordof the trial Court the details of his Contact Number and residentialaddress with updates in case of any change. 9.Needless to say, in case of violation of any of the aforesaid conditions,the bail granted to the applicant shall be liable to be cancelled.10.It is also clarified that the observations made in this order are limited tothe disposal of the present bail application. The concerned Court shall proceedfurther in the matter without being influenced by the observations madehereinabove. 11.The application stands disposed of.12.Fees of Rs.10,000/- be paid to the learned counsel appointed forrespondent No. 2. [ARUN R. PEDNEKER, J.]SSC/