Bombay High Court
NAUSHAD AHMED SHAIKHversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Rejected
Holding
The High Court denied anticipatory bail, holding that the application was untenable given the gravity of the offences and procedural impropriety.
Summary
The applicant, Naushad Ahmed Shaikh, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail in connection with FIRs arising from a complaint lodged by a third party. The respondent State, through its counsel, highlighted that the applicant has nine prior antecedents and has been in custody since 2024, and that the application was filed directly in the High Court without first approaching the Sessions Court. The court referred to a prior Division Bench order (Criminal Writ Petition No. 6057 of 2025) which detailed six separate POCSO‑related offences against minor girls, including sections of the IPC and the POCSO Act, and noted the gravity of the allegations, including video recording of the assaults. Considering the seriousness of the offences, the multiple victims (all minors), and the procedural defect, the court found no basis to grant anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is maintainable in the High Court without first being filed before the Sessions Court.
- Whether the seriousness of the alleged offences under the IPC and POCSO Act, coupled with the applicant's prior antecedents, precludes the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 354, 354-D, 376(2-D), 376(N)
- Protection of Children from Sexual Offences Act, 2012 — s. 10, 11, 12, 4, 5, 6, 7, 8, 9
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- POCSO Act
- Indian Penal Code
- sexual offences against minors
- high court jurisdiction
- procedural default
Judgment
907-ABA-2623-2026.DOC
skt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2623 OF 2026
Naushad Ahmed Shaikh …Applicant
Vs.
1. State of Maharashtra …Respondents
2. XYZ
Mr.Mahendra Kawchale (through VC) a/w. Akansha Kawchale, for
the Applicant.
Ms. Savita M. Yadav, APP for the Respondent No.1-State.
Sr. PI V.S. Dhumal, EOW, Pimpri Chinchwad, Pune.
CORAM: MADHAV J. JAMDAR, J.
DATE : 17th SEPTEMBER, 2026
P. C.:
1. The applicant by application filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, is seeking pre-arrest
bail in connection with the First Information Report arising out of
the complaint filed on 8th September 2026 lodged by Respondent
No. 2 before Special Judge at Wadgaon Maval.
2. However, Ms. Yadav, learned APP points out that there are
nine antecedents against the Applicant. The Applicant is in jail
since 2024.
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3. Ms. Yadav, learned APP states that an application seeking
anticipatory bail application is filed directly in this Court without
filing the same before the Sessions Court.
4. Learned APP also relies on the order dated 25 th November
2025 passed by a Division Bench of this Court in Criminal Writ
Petition No. 6057 of 2025 and connected matters wherein prayer
is made that the Applicant-Naushad Ahmed Shaikh who is accused
of the Protection of Children from Sexual Offences Act, 2012
(POCSO Act) in distinct six crimes registered with Ravet Police
Station, Pune and sought declaration that his arrest in connection
with said six crimes be declared as illegal and liable to be quashed
and set aside.
5. The division bench in said order dated 25 th November 2025
has summarized the contents of all these FIR’s in paragraph 13 in
following manner:-
“ Reading of the distinct FIRs registered against the
petitioner at the instance of the minor girls admitted in the
institution would reflect the perversity in his behaviour and
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it is not on one or two occasions that he has indulged into
this deplorable act, but it appears that his behaviour was
consistent, as he was in a habit of furnishing objectionable
material to young girls and attempted to imbibe in their
mind that sex is necessary for over all development and he
forcefully committed sexual intercourse with the girls.
Further, he was holding the important post of the Director of
the institute, there was a lot of hesitancy to complaint either
to the parents or discuss the same amongst the girls
themselves. However, once, a complaint was filed, the other
girls came forward and lodged complaints.”
Ms. Yadav, learned APP stated that the allegations in the compliant
which are subject matter of this Application is also of similar
nature.
6. The Division Bench of this Court has observed that the
Petitioner being a highly educated person and occupying the post
of Director of the Academy, is involved in very serious crime for the
offences punishable under Sections 354, 354-D, 376 (2-D), 376 (2-
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N) of Indian Penal Code, 1860 and Section 4, 5, 6, 7, 8, 9, 10, 11,
12 of the POCSO Act.
7. Ms. Yadav, learned APP has pointed out the police record
showing that there are multiple victims and most of the victims are
minor. She states that the allegation is that the Applicant has
video graphed the victims while he was sexually assaulting the
victims and the Forensic Science Laboratory report about the said
videos is positive.
8. Thus, in the facts and circumstances, no case is made out for
grant of anticipatory bail. Accordingly, the anticipatory bail
application is rejected.
[MADHAV J. JAMDAR, J.]
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