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Bombay High Court

MOHAMMAD MOSIN YASIN SHAIKHversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The court granted bail to the applicant, finding no sufficient ground to deny it.

Summary

The applicant, Mohammad Mosin Yasin Shaikh, was charged with offences under the IPC, POCSO Act and Dowry Prohibition Act for alleged sexual assault, cruelty, and dowry harassment against his wife and her seven‑year‑old son. The FIR was lodged almost ten months after the alleged incidents, and the trial court had refused bail. The applicant argued that the delay was due to marital disputes and that the allegations were false. The State contended that despite the delay, the victim’s statement and her son’s testimony established a prima facie case. The judge noted the long delay, the possibility that the allegations were motivated by a matrimonial dispute, and the applicant’s lack of flight risk, and consequently granted bail with strict conditions. The bail order emphasized that it does not prejudice the trial’s outcome.

Issues considered

  • Whether the delay in filing the complaint defeats the existence of a prima facie case for granting bail.
  • Whether the seriousness of the offences under IPC, POCSO and Dowry Prohibition Act warrants denial of bail.
  • Whether the applicant poses a risk of absconding or tampering with evidence.

Legislation cited

Subjects

  • bail
  • sexual assault
  • POCSO
  • dowry prohibition
  • domestic violence
  • delay in filing FIR
  • prima facie case
  • flight risk

Judgment

P.H. JAYANI                                                12 BA2278.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO. 2278 OF 2026

Mohammad Mosin Yasin Shaikh                                …. Applicant
      V/s.
The State of Maharashtra and anr.                       …Respondents


Mr. Shivamsinh Deshmukh a/w. Adv. Dwarkesh B. Chavda
for the Applicant.
Mr. Tanveer Khan, APP for the Respondent No.1 – State
(through VC).
Ms. Komal Sinha, appointed Advocate for Respondent No.2.
Mr. R.G. Gujar, PSI, Malad Police Station, present.


                            CORAM:        SHYAM C. CHANDAK, J.
                            DATED :       21st SEPTEMBER, 2026

P.C. :-

1.        Heard learned Counsel for the parties. Perused the record.
Mr. Deshmukh tendered a copy of DV proceedings filed by
Respondent No.2 and a copy the whats app chats between the
Applicant and Respondent No.2. It is taken on record (‘X colly’).

2.        The present application seeking release of the applicant on
bail in connection with Cr.No.743/2024 registered with Malad
Police Station, Mumbai for the offence punishable under Sections
498A, 406, 504, 506, 323, 500, 377 read with 34 of the Indian
Penal Code (“IPC”); Sections 4, 6, 8, 10 and 12 of the Protection of
Children from Sexual Offences Act, 2012 (“POCSO”) and, Sections
3 and 4 of Dowry Prohibition Act, on the Report dated 02.09.2024
filed by Respondent No.2 (“the victim”).

3.        The prosecution case is that, at the relevant time, the victim
was a divorcee and having a son aged 7 years. In December, 2018
the applicant and the victim came in contact with each other.
                                 Page 1 of 4
P.H. JAYANI                                               12 BA2278.2026.DOC



Gradually, they became friends and it led to establishing a love
relationship between them. Meanwhile, the applicant went to
Saudi Arabia for work. In the year 2022 he returned. Thereafter,
the two got married with each-other on 11.05.2023. After the
marriage, the couple used to reside at Malad (W) along with
parents of the applicant. It is alleged that the applicant committed
sexual intercourse with the victim against her will and also
committed unnatural sex with her. It is alleged that the applicant
used to show an obscene video to the son of the victim and tell him
to involve with him in similar act. Between August 2023 to
November 2023, the applicant alongwith his parents, subjected
the victim to cruelty. They defamed her alleging that she has no
fidelity. It is alleged that in October, 2023 at about 7:30 p.m., in
his house the applicant committed penetrative sexual assault on
the child. Therefore, the aforesaid crime came to be registered and
the applicant was arrested. On completion of the investigation,
police submitted the charge-sheet. The trial Court refused to
release the applicant on bail. Hence, this Application.

4.       Mr. Deshmukh, learned Counsel for the applicant submitted
that after dissolution of the 1 st marriage, the victim performed the
2nd marriage. However, she suppressed that fact and, without
getting that marriage dissolved, she married with the applicant.
Therefore, there used to be disputes between them and, the victim
left his company. Thereafter, the victim filed the DV proceedings
and she then lodged this Report. There is one year delay in filing
the Report which is not explained. Therefore, the narration in the
FIR is false and the Applicant is innocent.

5.       In reply, Mr. Khan, the learned APP and Ms. Sinha, the
learned Counsel for the victim submitted that although there is


                              Page 2 of 4
P.H. JAYANI                                             12 BA2278.2026.DOC



delay in filing the FIR, the entire offence is well narrated in the
Report, statement of the victim and his son. Therefore, there is a
prima facie case of the applicant having committed this offence
and he is not entitled for bail.

6.       I have considered these submissions. It is a fact that the
alleged cruelty and the sexual assault was committed by the
applicant between August 2023 to December 2023. Thereafter, the
victim alongwith her son went to her mothers place. She then filed
the DV proceedings on 24.06.2024. Therein, she alleged the said
offence. Yet, soon thereafter, she did not file the report. Finally,
the Report was filed on 02.09.2024, i.e., almost 10 months after
the incident. Therefore, it appears that the matrimonial dispute
between the parties led to filing of the DV proceedings and the
present Report. The Report clearly state that, twice the victim had
conceived child from the applicant. Consequently, it is difficult to
say that there is a prima facie case against the applicant of having
committed the alleged offence. The applicant is behind bars for
last one year. The trial will take its own time to conclude. The
applicant is not likely to abscond and tamper with the prosecution
evidence.

7.       In the wake of above, I am inclined to release the applicant
on bail. Hence, following Order :-

         (i)   The applicant - Mohammad Mosin Yasin Shaikh be
         released on bail in Cr.No.743/2024 registered with Malad
         Police Station, Mumbai, on his executing P.R. Bond in the
         sum of Rs.50,000/- with one or two sureties in the like
         amount.




                               Page 3 of 4
                  P.H. JAYANI                                                   12 BA2278.2026.DOC


                           (ii)   The applicant shall mark his attendance at Malad
                           Police Station, Mumbai once in three months between 11:00
                           a.m. to 2:00 p.m. till conclusion of the trial.

                           (iii) The applicant shall regularly attend the proceedings
                           before the jurisdictional Court unless exempted by the said
                           Court, for the reasons to be recorded in writing.

                           (iv)   The applicant shall not tamper with the prosecution
                           evidence and shall not directly or indirectly influence the
                           prosecution witnesses to prevent them from deposing
                           against him.

                           (v)    On being released from jail, the applicant shall
                           furnish his contact number and residential address to the
                           Investigating Officer and shall keep him updated in case
                           there is any change.

                           (vi)   The applicant shall not contact the victim and shall
                           not reside/enter in the vicinity where the victim is residing.

                           (vii) It is clarified that any observation made in the present
                           Order are for the purpose of deciding the present Bail
                           Application and should not influence the outcome of the
                           trial and also not be taken as an expression of opinion on
                           the merits of the case.

                  8.       Bail Application stands disposed of in aforesaid terms.



  PREETI
  HEERO
  JAYANI                                                           (SHYAM C. CHANDAK, J.)
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.23
14:17:13 +0530



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