SAMIR KHA SALIM KHA MUSALMANversusTHE STATE OF MAHARASHTRA AND OTHERS

2026:BHC-AUG:43376
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                                                                     941-BA-1237-2026

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD
                            BAIL APPLICATION NO. 1237 OF 2026

                           SAMIR KHA SALIM KHA MUSALMAN
                                       VERSUS
                        THE STATE OF MAHARASHTRA AND OTHERS
                                                .....
              Advocate for Applicant : Mr. Akshay G. Mulange h/f. Mr. Jitendra
              Vijay Patil and Mr. Rashid I. Pinjari
              APP for Respondent - State : Mr. S. D. Ghayal
              Advocate for Respondent No.3 : Mr. Harshal Prakash Randhir
                                                .....

                                          CORAM : HITEN S. VENEGAVKAR, J.
                                           DATED : 22nd SEPTEMBER 2026
              PER COURT :

              1.         Heard    the    learned     Advocate   appearing   for   the

              applicant, the learned APP appearing for the respondent - State

              and the learned Advocate appearing for respondent No.3-victim.

              With the able assistance of the learned Advocates for the parties, I

              have also perused the entire charge-sheet that has been annexed to

              the present application.


              2.         At the outset, it is necessary to record that the learned

              Advocate for respondent No.3, on instructions, submits that

              respondent No.3 has no objection if the present applicant is

              released on bail. He submits that, though the affidavit of

              respondent No.3 is ready in his office, presently the copy is not

              available with him. He seeks time to furnish the said affidavit on
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record. Time granted. Affidavit to be furnished on record within

one week from today.


3.         The prosecution case, in brief, is that on 7th November,

2025, the victim suddenly disappeared from her residence on the

pretext of visiting the house of a relative for picking up Burqa. The

victim thereafter did not return to her residential house and

therefore, the parents approached the police after conducting

nearby searches and lodged a complaint of missing against

unknown persons, who has kidnapped the present applicant. The

investigation into the said complaint was carried out and the

victim was found in Surat on 17th November, 2025. When the

victim was brought to the residential house, her statement was

recorded by the Investigating Officer, wherein the victim stated

that she was acquainted with the present applicant on Instagram

and that there were regular chats exchanged between them.


4.         She makes a reference to an incident dated 27 th

October, 2025, wherein the victim was approached by the present

applicant in a bus while proceeding to Yawal and her phone

number was obtained by the present applicant, which was willingly

given by the present victim. Thereafter, regular phone calls and

messages were exchanged between both of them.
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5.          On the date of the incident, it is alleged by the victim

that the applicant approached the victim and took her to some

village, where there has been forcible physical relationship

between both of them. Subsequently, it has been alleged by the

victim that the applicant used to threaten her that, if the marriage

was not performed between both of them, then he would harm her

life.   It is further alleged that on the same day, i.e. on 07 th

November, 2025, the applicant took the victim to Surat and they

stayed there. The applicant used to go for work and return in the

evening. It is alleged that on 16th November, 2025, when the

applicant came to know that the parents of the victim had lodged a

missing complaint alleging kidnapping by an unknown person, he

left the victim at Surat bus stop, from where the victim established

contact with her relative, who came and picked her up from Surat

and brought her to the residential house.



6.          Learned Advocate appearing for the applicant submits

that the victim, on the date of the incident, was 16 years and 4

months old, and therefore, it cannot be said that she did not

understand the consequences of going to a different State with the

present applicant. He submits that the relationship was a love

affair and that, out of the same, they had established a consensual
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physical relationship. He submits that, though the victim was a

minor on the date of the incident, he also submits that the

applicant himself is not a well-matured person but was only of 20

years of age. He submits that, going by the prosecution story and

the incident narrated by the victim, the victim used to be alone

when the applicant was out for some work. In spite of that, the

victim did not make any efforts to establish contact with her family

members or contact the neighbouring persons where they were

residing. This itself suggests that she was willingly residing with

the applicant from the period 07th November, 2025 till 16th

November, 2025. He thus submits that, taking into consideration

that the applicant has been in jail from 04 th December, 2025 and

furthermore, that respondent No.3 has no objection for releasing

the applicant on bail, the application be allowed.


7.         Learned APP appearing for the State vehemently

opposed the application by saying that the consent of respondent

No.3 is immaterial for the reason that there cannot be a consensual

physical relationship with minor. The offence is registered under

the provisions of Protection of Children from Sexual Offences Act,

2012 (POCSO Act) and, admittedly, the victim was 16 years of age

at the time of the offence. He submits that there is a specific

statement of the victim recorded, wherein she states that the
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physical relationship was established by the applicant forcibly. He

thus prays that, offence is heinous and therefore the application be

rejected.


8.          I have taken into consideration the statement of the

victim as well as the material that has been put-forth by the

Investigating Agency. At this stage, though the statement made by

respondent No.3 through her Advocate about granting no objection

for release of the present applicant on bail is immaterial, the

present application will have to be decided on the basis of the

investigation papers and the prosecution case. Admittedly, the

child's age is below 18 years and the applicant has not specifically

denied the same. Her acquaintance with the applicant, her decision

to meet him and her subsequent travel cannot amount to legal

consent to a sexual act under the POCSO Act. Further, her

statement expressly alleges force at the roadside place. The

interval before her return from Surat and the defence submissions

concerning medical corroboration raise matters for trial, neither

permits this Court to disbelieve her at the stage of bail. The gravity

of the accusation and the need to ensure that she can testify freely

carry substantial weight.


9.          At the same time, the investigation is complete, the
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charge-sheet has been filed and the applicant has been in custody

for more than nine months. The papers disclose no criminal

antecedents. The apprehension of pressure on the girl child is

serious, but the material placed before this Court does not establish

an act of witness interference by the applicant after registration of

the crime.


10.          Having regard to his stated residence at Kingaon and

the child's residence at Erandol, at this stage, the apprehension can

be addressed by prohibiting his entry into Erandol, except when

required by legal process, and by an express prohibition on contact

with the child and her family. These circumstances, considered

together, justify release on stringent conditions. This conclusion

does not express any view on the truth of the allegations. Hence,

following order is passed :

                                ORDER

(i)    The Bail Application is allowed.

(ii)   The applicant shall be released on bail in Crime No. 179 of
       2025 registered with Erandol Police Station, District Jalgaon,
       for the offences punishable under Sections 137(2), 64(1),
       64(2) of the Bharatiya Nyaya Sanhita, 2023 and under
       Sections 3 and 4 of POCSO Act, on furnishing personal bond of
       Rs.25,000/- (Rupees Twenty Five Thousand only) with one or
       two solvent surety in the like amount, subject to the following
       conditions :
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a)   The applicant shall not enter Erandol Taluka till
     framing of charge, except for the purpose of attending
     the Investigating Officer and the Court dates. Before his
     release, he shall furnish to the Investigating Officer and
     the Trial Court the address at which he will reside
     during the said period and his mobile number, and shall
     intimate any change thereof.

b)   The applicant shall attend the trial Court on every date
     fixed, unless their attendance is specifically exempted.

c)   The applicant shall not, directly or indirectly, contact,
     threaten, induce or influence the informant or any
     prosecution witness and shall not tamper with the
     prosecution evidence.

d)   The applicant shall furnish their current residential
     addresses and mobile numbers to the Investigating
     Officer and the trial Court within seven days of release,
     intimate   any   change      forthwith,   and   attend   the
     Investigating Officer upon prior written notice if further
     investigation is required.

e)   The applicant shall not leave India without prior
     permission of the trial Court and, if he possess passport,
     shall deposit the same with the trial Court within seven
     days of his release.


f)   The applicant shall not involve himself in any offence of
     a similar nature while on bail.
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          g)   Breach of any of the above conditions shall entitle the
               prosecution to apply for cancellation of bail.


          h)   All observations in this order are prima facie and
               confined to the decision of this bail application. The trial
               Court shall decide the case independently on the
               evidence led before it.


(iii) The Bail Application is disposed of in the above terms.


(iv) The affidavit by respondent No.3 shall be furnished on record
within one week from today. List the matter for compliance after
one week.



                                           (HITEN S. VENEGAVKAR)
                                                  JUDGE




Tandale