MOHAMMAD IBRAHIM KADRI ABDUL SATTAR KADRIversusTHE STATE OF MAHARASHTRA AND OTHERS

2026:BHC-AUG:37205
                                                                     923-ABA-168-2025.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     ANTICIPATORY BAIL APPLICATION NO. 168 OF 2025

                          Mohammad Ibrahim Kadri Abdul Sattar Kadri
                                             VERSUS
                              The State Of Maharashtra And Others
                                               ...
          Mr. Mohd. Amir h/f Mr. J. S. Jain, Advocate for Applicant
          Mrs. P. J. Bharad, APP for Respondent Nos. 1 and 2
          Ms. T. K. Nalawade, Advocate for Respondent No. 3 (appointed)

                                                          CORAM : R.M. JOSHI, J
                                                          DATE  : AUGUST 19, 2026
          P. C. :

          1.          Applicant apprehends arrest in connection with C.R. No.

          190/2024 registered with Police Station Pundlik Nagar, District Aurangabad

          for the offences punishable under Sections 363, 376, 376(2)(n), 376(3),

          109, 506 read with Section 34 of the Indian Penal Code and Sections 4,

          5(L), 8, 12 and 17 of the Protection of Children from Sexual Offences Act.


          2.          The father of the victim aged about 14 years and 9 months

          lodged report to the police on 23.05.2024 indicating that the victim was

          kidnapped by unknown persons. During the course of investigation, victim’s

          statement came to be recorded on 26.05.2024 wherein she claim of she

          being subjected to the physical relationship by co-accused. She was referred

          to medical examination and she gave history to medical officer. Thereafter,

          her supplementary statement came to be recorded on 30.05.2024 under

          Section 161 of the Code of Criminal Procedure as well as on the same day


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her statement was recorded before the Magistrate under Section 164 of the

Code of Criminal Procedure. On the basis of supplementary statement of the

victim, the complicity of the Applicant is found in the crime.


3.          Learned Counsel for the Applicant submits that there is no

allegation in the first information report against Applicant so also in the

statement recorded of the victim, which is first in time. It is his further

submission that even before the Medical Officer, Applicant has not given any

history indicating any allegation of rape against present Applicant.

According to him, before Magistrate while recording the statement victim

does not name the Applicant, as such, involvement in the crime cannot be

presumed. He claims that Applicant has no criminal history.


4.          Learned APP and learned Counsel for Informant opposed grant

of any relief to the Applicant by referring to the serious nature of crime

attributed against Applicant. To support their submissions, they relied upon

the supplementary statement of the victim recorded on 30.05.2024.


5.          Prima facie perusal of the record indicates that neither in the

first information report nor in the statement recorded of the victim for the

first time Applicant was named by her. It is material to note that even before

medical officer, no history is given indicating involvement of the Applicant

in the crime. Pertinently though supplementary statement of the victim

indicates the alleged role of the Applicant in the crime, however, on the

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same day when statement was recorded before Magistrate, she states

nothing against him. At this stage, it could be said that there is no material

in order to accept the involvement of the Applicant in the crime. He has no

criminal history behind him and is not likely to flee from justice.

Appropriate direction to appear before the investigating officer will meet the

purpose of investigation. Hence, the order:

                                   ORDER
(i)      Anticipatory Bail Application is allowed.
(ii)     In the event of arrest of the Applicant in connection with C.R.
         No. 190/2024 registered with Police Station Pundlik Nagar,
         District Aurangabad for the offences punishable under
         Sections 363, 376, 376(2)(n), 376(3), 109, 506 read with
         Section 34 of the Indian Penal Code and Sections 4, 5(L), 8,
         12 and 17 of the Protection of Children from Sexual Offences
         Act, he shall be released on bail on furnishing PR bond of Rs.
         15,000 (Rupees Fifteen Thousand Only) with one surety in
         the like amount.
(iii)    He shall attend the concerned police station on 24.08.2026
         and 28.08.2026 between 11.00 am to 01.00 pm and
         thereafter upon written notice by the IO..
(iv)     He shall not contact the witnesses directly or indirectly.

(v)      He shall not interfere with the evidence in any manner
         whatsoever.
(vi)     He is further directed to cooperate the investigating agency
         for further investigation, remained if any.
(vii)    Fees of appointed Counsel is quantified @ Rs. 10,000/- to be
         paid by High Court Legal Services Sub-Committee,
         Aurangabad.


                                                        (R. M. JOSHI, J.)
Malani




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