Ayyan Khan Kaisar Khan v. State of Maharashtra)
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 75, 78, 351(2), 351(3), 356(2)
- Protection of Children from Sexual Offences Act, 2012 s. 12
- Bharatiya Sakshya Adhiniyam, 2023 s. 23
Judgment
Mr. M.N. Ali, Advocate for applicant. Mr. N.R. Rode, APP for non-applicant/State. Mr. Bhavin Suchak, Advocate (appointed) to represent non- applicant No.2 /Victim. CORAM : M.W. CHANDWANI, J. DATE : 04.03.2026. Heard the learned counsels for the respective parties.
The applicant is seeking anticipatory bail in connection with Crime No. 821/2025, registered with Police Station Umarkhed, District Yavatmal, for the offences punishable under Sections 75, 78, 351(2), 351(3), 356(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 12 of Protection of Children From Sexual Offences Act, 2012.
Perusal of the case diary reveals that the applicant and the victim were having a love relationship. However, when the marriage of the victim was fixed with another person, the applicant started threatening the victim and was insisting that she must marry him. It is also seen that the applicant informed about his love relationship with the victim to the bridegroom, due to which the marriage was broken. It appears that there are no allegations of sexual intercourse. The offences of sexual harassment and stalking have been alleged. The offences alleged are punishable with upto three years. 2 60aba109.2026..odt
Considering the nature of allegation and punishment prescribed for the offences, a case for anticipatory bail is made out.
So far as the apprehension of the prosecution that the applicant will harass the victim again is concerned, that can be taken care of by imposing stringent conditions upon the applicant. Hence, following order: i) In the event of arrest, the applicant Ayyan Khan Kaisar Khan be released on bail on furnishing a P.R. bond of Rs. 25,000/- with one solvent surety in the like amount, in connection with Crime No. 821/2025, registered with Police Station Umarkhed, District Yavatmal, for the offence punishable under Sections 75, 78, 351(2), 351(3), 356(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 12 of Protection of Children From Sexual Offences Act,
2012. ii) The applicant shall attend the concerned Police Station on every Tuesday and Friday, for four weeks, between
10.00 to 12.00 hrs. iii) The applicant shall not tamper with the prosecution evidence or threaten the prosecution witnesses and shall cooperate in the investigation. iv) The applicant shall not enter in the village where the victim resides. 3 60aba109.2026..odt v) Needless to mention that, the appearance of the applicant before the Investigating Officer shall be considered as his custody under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023.
Fees of the learned appointed counsel shall be quantified and paid as per the Rules. Belkhede JUDGE
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — ss. 75, 78, 351(2), 351(3), 356(2); Protection of Children from Sexual Offences Act, 2012 — s. 12; Bharatiya Sakshya Adhiniyam, 2023 — s. 23.
Which court decided this case, and when?
Bombay High Court, on 04 Mar 2026. The bench was M W CHANDWANI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.