SADDAM SHAMSHUDDIN SHAIKHversusTHE STATE OF MAHARASHTRA

                                                      16.ABA-1643.26.DOC




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION
           ANTICIPATORY BAIL APPLICATION NO. 1643 OF 2026

Saddam Shamshuddin Shaikh                            … Applicant
V/s.
The State of Maharashtra & Anr.                      …. Respondents
                             ______________________
Mr. Shailesh Chavan a/w Mr. Sachin Pawar, Mr. Hrishikesh Avhad
i/by Mr. Adesh Kale, for the Applicant.
Mr. Balraj Kulkarni, APP for the Respondent No.1-State.
Mr. Himanshu Mane i/by Mr. Prakash Salsingikar for Respondent
No.2.
Mr. Amit Patil, PSI-IO attached to Bhigwan Police Station, Pune
Rural present.
                          ______________________


                             CORAM : MADHAV J. JAMDAR, J.
                             DATED : 24 AUGUST 2026
P. C. :-

1.         Heard Mr. Chavan, learned counsel appearing for the

Applicant, learned APP appearing for the Respondent No.1-State

and Mr. Himanshu Mane, learned counsel appearing                    for

Respondent No.2.


2.         By this application filed under Section 482 of the Bhartiya

Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant is seeking

pre-arrest bail in connection with C.R. No.36 of 2026 registered




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with Bhigwan Police Station, Pune Rural for the offences

punishable under Sections 137(2), 309(4) and 3(5) of the Bhartiya

Nyaya Sanhita 2023 (“BNS”) and subsequently, Sections 64(2)(i)

(m), 74, 75(2), 351(2) of the BNS and Sections 4, 6, 8 and 12 of

Protection of Children from Sexual Offences Act, 2012 (‘POCSO

Act’) were added.



3.      The prosecution case is set out in paragraph 2 of the order

dated 10th June 2026 passed by the learned Additional Sessions

Judge, Indapur, District Pune which reads as under :-


      2.   The brief facts, which led to the filing of the charge-sheet, can
      be summarized as under -

           That on 17.02.2026 informant mother of the victim girl lodged
      the FIR with Bhigwan Police Station alleging that victim girl, who is
      21 years old, is her daughter. On that day around 3.40 p.m., she
      herself, victim girl and her son were returning back after purchasing
      gold from the jewelry shop at Bhigwan and when they reached
      behind hotel Anand, her neighbour by name Zahir Shaikh and Aayan
      Shaikh came there with a vehicle bearing No. MH-42-BF-9126. Zahir
      was armed with stick. Both of them started to kidnap victim girl and
      Zahir Shaikh attempted to gave stroke of the stick and his brother
      Aayan threw chilly powder in her eyes as well as in the eyes of her
      son. Both of them kidnapped the victim girl and left that place by use
      of the said vehicle. Making such allegations, she lodged the FIR.
      Accordingly, crime under 137(2), 309(4) r/w. 3(5) of BNS came to
      be registered. Thereafter, on 19.02.2026 Zahir Shaikh and the victim




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      girl voluntarily appeared before the authority of Baramati City Police
      Station and therefore, Zahir was taken into custody. As the victim girl
      was not ready to return back to her home, proposal was placed
      before JMFC Indapur for safe custody of the victim girl at
      Government safe custody home by name "Aple Ghar" at Pune. On
      20.02.2026, statement of the victim girl came to be recorded by the
      authority of Baramati Police Station, wherein victim girl disclosed
      that since prior to one year there was love affair between her & Zahir
      Shaikh and they were actively communicating with each other on
      social media. On 22.02.2026, celebration of her marriage was
      decided to be performed by her mother and maternal uncle, which
      was against her wish. In fact, she had clearly stated to her mother
      that she wanted to marry Zahir, which was opposed by her mother
      and brother. Before 22.02.2026, she and Zahir had planned for 2 to 3
      times to elope from their houses, but due to presence elderly persons
      in the family, they could not. On 17.02.2026, she informed Zahir that
      in the afternoon she along with her mother & brother were going to
      market and asked him to come behind hotel Anand, so that they
      could elope from that place. Around 2-00 p.m., she herself, her
      mother and her brother were retuning back home by the motorcycle,
      Zahir was present behind hotel Anand. On seeing him, she asked her
      brother to stop the motorcycle and started to proceed ahead with
      Zahir, which was resisted by her mother and brother. Opposing their
      resistance, she sat in the said tempo, which was being driven by
      Aayan and came Srigonda, Ahilyanagar, Pune, Saswad and village
      Bholi of District Satara and stayed in the house of maternal aunty of
      Zahir. In the said house, she saw news flashed on the TV that she was
      kidnapped by throwing chilly powder in the eyes of mother &
      brother. On 18.02.2026, she and Zahir came to Daund. She executed
      a Notary document and also a video was developed informing the
      public at large that she was not kidnapped, but out of their love
      affair she had eloped with Zahir and thenceforth she would be




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      staying with Zahir. On 19.02.2026, when they were present at Nira,
      the Police apprehended them and brought to Baramati Police Station.
      On 04.04.2026, victim girl along with her mother appeared before
      the authority of Baramati Police Station and gave her supplementary
      statement disclosing that in the year 2022, when she was 17 years
      old, by giving threats of life and reputation Zahir Shaikh had forcibly
      committed multiple sexual intercourse with her. On the basis of this
      statement, Section 64(2)(i)(m), 74, 75(2) & 351(2) of BNS and
      Section 4, 6, 8 & 12 of POCSO Act came to be applied. On
      20.02.2026, Zahir came to be arrested and at present he is in judicial
      custody. Similarly, Aayan Shaikh as well as Azaruddin Shaikh also
      came to be arrested respectively on 26.04.2026 and 22.04.2026. The
      investigation of the crime was handed over to PSI Shri Amit Patil of
      Bhigwan Police Station. After carrying out usual investigation charge-
      sheet came to be filed against all the three above arrested persons. As
      present applicant Saddam Shaikh, who was also found to be involved
      in the commission of the said cr11 ptime, could not be traced out, in
      the charge-sheet he was referred as absconded. As co-accused
      persons came to be arrested applicant Saddam apprehends his arrest
      in the present crime and therefore, he is seeking protection by way of
      anticipatory bail.”


4.      It is the submission of Mr. Chavan, learned counsel

appearing for the Applicant i.e. Accused No.3 that a totally false

case has been filed as the Accused No.1 is having a love affair with

the victim. He submits that as the mother of the victim with

complete knowledge of the said love affair between the victim and

the Accused No.1 fixed her marriage with somebody else and the

said marriage was to be performed on 22 nd February 2026 and



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therefore, at the insistence of the victim, the victim eloped with the

Accused No.1. He submits that the victim’s family opposed the said

love relationship and the victim was staying with her maternal

uncle for about one year and as her mother had fixed the marriage

with some other person which was scheduled to be held on 22 nd

February 2026, the victim ran away with the Accused No.1 on 17

February 2026. To support his contention, Mr. Chavan, learned

Counsel relied on statement of the victim recorded under Section

183 of the BNS by the learned Judicial Magistrate First Class

(“JMFC”), Baramati and statement of the victim recorded by police

on 22nd February, 2026.



5.    On the other hand, Mr. Kulkarni, learned APP strongly

opposed the application.     He submits that the offence is very

serious and therefore no relief be granted.



6.    The perusal of the record shows that the alleged incident

took place on 17th February 2026. The victim in her statement

recorded under Section 183 of the BNS by the learned JMFC has

stated in the Court that she was having love affair with Accused

No.1 and that for two years, she was staying at the place of her




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maternal uncle and about six months back, her marriage was fixed

with somebody else by her family. She has further stated that she

has informed all her relatives that she is in love with Accused No.1

and in fact on two or three occasions, she has decided to run away

with Accused No.1 but she could not get an opportunity. She has

stated before the Court under Section 183 statement that on 17 th

February 2026, she ran away with the Accused No.1 and the same

was done by her own free will.



7.      It is significant to note that the learned JMFC recorded the

statement of the victim under Section 183 of the BNSS on 20

February 2026 and immediately by order dated 20 February 2026,

she has been sent to the Government Shelter Home at Mundwa,

Pune. When she was in the shelter home, again her statement was

recorded by the Police on 22 February 2026 and in the said

statement she has stated that the relationship between her family

and the family of Accused No.1 was cordial and in fact, her brother

is best friend of Accused No.1 and both of them used to celebrate

each others birth day. She again reiterated that she is having love

affair with Accused No.1 and she would be marrying with Accused

No.1.




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8.    It is significant to note that total eight statements of the

victim were recorded in which no allegation is made against the

accused and in her 9th statement recorded by police, she has

implicated the Accused No.1 and other Accused. Thus, prima facie,

there is substance in the contention of Mr. Chavan, learned counsel

appearing for the Applicant that false case is registered against the

Applicant. In any case, the role attributed to the present Applicant

is that the Applicant has videographed the statement of the victim

wherein she has stated that she is in relationship with the Accused

No. 1. Mr. Chavan, learned counsel submits that the Applicant will

completely cooperate with the investigation.



9.    Accordingly, case is made out for grant of anticipatory bail

by following conditions :-


                             ORDER

      (a)    In the event of arrest of the Applicant in connection

             with C.R. No.36 of 2026 registered with the Bhigwan

             Police Station, District Pune, the Applicant is directed

             to be released on bail on furnishing P.R. Bond in the

             sum of Rs.30,000/- with one or two solvent sureties




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            each in the like amount.

      (b)   The Applicant shall attend the concerned Police

            Station on 31st August 2026 and 1st September 2026

            between 11:00 a.m. to 02:00 p.m. and thereafter, as

            and when called.

      (c)   The Applicant shall furnish his cell phone number and

            residential address to the Investigating Officer and

            shall keep the same updated, in case of any change

            thereto.

      (d)   The Applicant shall not directly or indirectly make any

            inducement, threat, or promise to any person

            acquainted with the facts of the case so as to dissuade

            such a person from disclosing the facts to the Court or

            to any Police personnel.

      (e)   The Applicant shall not tamper with the prosecution

            evidence and shall not contact or influence the

            Complainant or any witness in any manner.

      (f)   The Applicant shall not leave India without prior

            permission of the Court.

      (g)   The Applicant shall cooperate with the Investigating




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             Officer and attend the concerned police station as and

             when called by the Investigating Officer.


10.   The observations made in this order are only for the purpose

for considering the anticipatory bail application.


11.   Anticipatory Bail Application is disposed of accordingly.




                                          [MADHAV J. JAMDAR, J.]




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