Bombay High Court
ABDUL QADIR SHAH, @ ABDUL QADIR GULAM RASOOL SHAHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The Court held that, on a prima facie basis, the relationship was consensual and no antecedents existed, warranting the grant of anticipatory bail.
Summary
The High Court considered an anticipatory bail application filed by Abdul Qadir Shah under Section 482 of the Bharatiya Nyaya Sanhita, 2023, in connection with FIR No. 475/2026 alleging offences under Sections 64(1), 69, 123 and 318(4) of the same Act. The prosecution alleged that the applicant had sexually assaulted a woman after intoxicating her, leading to pregnancy and the birth of a child, and subsequently cheated her of Rs.12 lakh. The applicant contended that the relationship with the complainant was consensual, that the FIR was false, and that he would care for the child despite being married. The intervener’s affidavit confirmed that the complainant was aware of the applicant’s marital status. The Court, after finding the relationship prima facie consensual and noting the absence of prior criminal antecedents, granted anticipatory bail with conditions of a personal bond, sureties, and reporting requirements, and disposed of the application.
Issues considered
- Whether anticipatory bail should be granted under Section 482, BN 2023, given the alleged offences of sexual assault and related crimes.
- Whether the FIR is false and the alleged relationship is consensual, affecting the grant of bail.
- Whether there are sufficient grounds to deny bail on the basis of seriousness of the offences or risk of tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 318(4), 482, 64(1), 69
Subjects
- anticipatory bail
- Section 482
- false FIR
- consensual relationship
- sexual offences
- bail conditions
- marital status
Judgment
909 ABA-2382-2026.DOC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2382 OF 2026
Abdul Qadir Shah @ Abdul Qadir …Applicant
Gulam Rasool Shah
Vs.
1. State of Maharashtra …Respondents
2. XYZ
Mr. Saquib Khan, for the Applicant.
Mr. S.V. Walve, APP for the Respondent-State.
Mr. Samseer Siddique, for Respondent No.2-Intervener.
API Sachin Powar, Panvel City Police Station.
CORAM: MADHAV J. JAMDAR, J.
DATE : 9th SEPTEMBER, 2026
P. C.:
1. Heard Mr. Khan, learned counsel appearing for the
Applicant, Mr. Siddique, learned counsel appearing for the
Respondent No.2 and Mr. Walve, learned APP appearing for the
State.
2. By this application filed under Section 482 of Bharatiya
Nyaya Sanhita, 2023, the Applicant is seeking pre-arrest bail in
connection with C.R. No. 475 of 2026 registered with Panvel City
Police Station, Navi Mumbai, for the offences punishable under
Sections 64(1), 69, 123 and 318(4) of the Bharatiya Nyaya
Sanhita, 2023.
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3. The prosecution case is set out in paragraph No. 2 of order
dated 12th August 2026 passed by learned Special Judge, Panvel,
Dist. Raigad in Criminal Bail Application No. 646 of 2026. The said
paragraph No. 2 reads as under :
“2 The case of the prosecution is that the
complainant is of the age 30 years residing at Panvel.
She was working previously as waiter at Vashi. Later
on, she left the work. When she was working she
came in contact with accused in April, 2025. Once in
rainy season accused had taken complainant in his
vehicle and left her at her place. Complainant gave
her mobile number to accused. The complainant
accused were in contact with each other. In August,
2025 at midnight 1:30 AM accused came to
complainant house carrying Thumbs Up bottle with
him. Accused gave Thumbs Up to complainant to
drink. Complainant drank and was feeling uneasy.
The accused took complainant near to him and had
sex with complainant. The complainant could not
oppose accused due to drink. On next day in the
morning complainant got up. Accused was with her.
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The complainant was feeling uneasy and asked
accused what he has done and what he has given in
drink. Accused told complainant that not to take
tension and she belongs to him and told that he will
marry her and accused left the house. In September,
2025 complainant had gone her village in Kolkata
due to Durga Pooja Festival. She did not got any
period so she brought pregnancy kit and checked
herself and found that she had become pregnant. The
complainant informed this fact to the accused and
accused said that not to worry and he will marry her.
In October complainant came to Mumbai and asked
accused about the marriage but accused was stating
his problems. When accused was in complainant's
house the accused was continuously receiving phone
calls from other woman. The complainant picked up
the phone and the other side woman said that she is
wife of accused. At that time complainant came to
know that accused is married. The complainant asked
accused about the marriage at that time accused told
complainant that he has wife and three children and
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accused also told that there will be divorce from his
wife. The accused took complainant to the hospital
for check up. On 18/05/2026 at hospital at Vashi
there was delivery to complainant. At that time
accused was with complainant and he had told the
hospital authorities that he is husband. Girl was born
to the complainant and due to birth of girl accused
was unhappy. The accused told complainant that he
already has three daughter and one more girl is born
and started taunting to complainant. The
complainant asked accused when he will marry at
that time accused started abusing the complainant.
The accused started avoiding the complainant.
Thereafter, accused was away from complainant and
was avoiding complainant phone call. On
06/07/2026 accused came to complainant's house
and waited in the house. On next day in the morning
accused started fighting with complainant due to girl
baby. The complainant was working in the kitchen
and she heard cry of her daughter and came out of
the kitchen and saw that the accused was trying to
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put pillow on the mouth of the daughter of the
complainant. The accused told complainant that she
and her daughter had made his life miserable and left
the house of the complainant. The accused had taken
Rs. 12,00,000/- from complainant and cheated her.
The complainant went to Panvel City police station
and lodged FIR No.475/2026. The complainant went
to Panvel City police station and lodged FIR No.475
of 2026.”
4. It is the submission of learned counsel appearing for the
Applicant that the relationship between the Applicant and
Respondent No. 2/First Informant is consensual relationship and
there is a daughter out of the said relationship. He submits that
the false F.I.R. is filed against the Applicant. He further submits
that the Applicant will take care of the daughter as well as
Respondent No. 2. He submits that although the Applicant is a
married person, Respondent No. 2 kept consensual relationship
with him. There are no antecedents against the Applicant.
5. Mr. Siddiquie, learned counsel appearing for Respondent No.
2, tenders an affidavit dated 20th August 2026. In the said affidavit,
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it is stated that Respondent No. 2 was aware that the Applicant
was a married person and she kept the relationship with the
Applicant with knowledge of his marital status.
6. Mr. Walve, learned APP opposes the application.
7. Perusal of the record prima facie shows that the relationship
between the Applicant and the Respondent No.2/First Informant is
consensual relationship. There are no other antecedents.
Accordingly, the case is made out for grant of Anticipatory Bail. In
view thereof, the following order is passed:
ORDER
(a) In the event of arrest of the Applicant-Abdul Qadir
Shah @ Abdul Qadir Gulam Rasool Shah in
connection with C.R. No. 475 of 2026 registered with
Panvel City Police Station, Navi Mumbai, the
Applicant is directed to be released on bail on his
furnishing P.R. Bond in the sum of Rs.10,000/-, with
one or two solvent sureties each in the like amount.
(b) The Applicant shall attend the concerned Police
Station as and when called by the Investigating
Officer.
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(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.
8. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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