SAIFULLAH TANVEER SHAIKH @ SAIFversusTHE STATE OF MAHARASHTRA AND ANR

WAKLE
MANOJ
JANARDHAN             MANOJ                                              906-BA-2458-2026.DOC
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.09.07
10:49:26 +0530             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL BAIL APPLICATION NO.2458 OF 2026
                      Saifullah Tanveer Shaikh @ Saif                     …Applicant
                              V/s.
                      The State of Maharashtra& Anr.                      …Respondents


                      Mr. Sahil D. Salvi a/w Mr. Sagar Y. Redkar, Mr. Narendra L.
                      Kalpoth, Mr. Aditya I. Kothur & Mr. Sagar S. Patil, for the
                      Applicant.
                      Ms. Anagha Deshmukh, APP for the Respondent No.1-State.
                      Ms. Tahera Qureshi, for the Respondent No.2-Victim.
                      Mr. Mahesh Masurkar, API , Kapurbawdi Police Station, Thane
                      City, present.


                                                CORAM: SHYAM C. CHANDAK, J.
                                                DATED : 3rd SEPTEMBER, 2026
                      P.C. :-

                      1.      Heard learned Counsel for the parties. Perused the record.

                      2.      Applicant seeks his release on bail in connection with
                      Cr.No.I-104-2026, registered with Kapurbawdi Police Station,
                      Thane City for the offence punishable under Sections 64(1) and
                      308(2)of the Indian Penal Code, 1860 (“IPC”) and Sections 4, 6, 8
                      and 12 of the Protection of Children From Sexual Offences Act, 2012
                      “POCSO Act”, on the Report dated 6th March, 2026 filed by
                      respondent No.2 (victim).

                      3.      The prosecution case is that, in September 2024, the victim
                      then aged 17 years and 5 months and the applicant were studying in
                      the same college. Therefore, they got acquainted with each other
                      and used to talk with each other on phone, Instagram and
                      WhatsApp. Gradually love relationship developed between them.
                      On 22nd September 2025, at about 2:00 p.m., the applicant visited

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the victim’s place. On inquiry, applicant told her that he had come
to give her party. However, the victim told him to come later as her
family members were not present in the house. It is alleged that,
thereafter, at the insistence of the applicant, they went to bedroom.
Where, the applicant became physical with the victim, promising
that he would marry her and thereafter, he committed sexual
intercourse with her against her will. It is alleged that, thereafter,
the applicant threatened the victim that if she complained against
him, he would defame her by telling that she herself had invited
him. It is alleged that, 15 days thereafter the applicant demanded
the victim to share her obscene photo on Snapchat. At that time also
he threatened as above and therefore, she shared her obscene
photo. Further, the applicant repeatedly threatened the victim to
make that photo viral and committed forcible sexual intercourse
with her at her place. It is alleged that the applicant demanded
money from the victim, stating that it was required for a police case,
college admission, etc. He also demanded her gold ornaments by
threatening to make her photo viral. It is alleged that, therefore, the
victim carried some gold items to zaveri bazaar at the instance of
the applicant. The applicant sold the same and took its proceeds. It
is alleged that the applicant had also obtained the passwords of the
victim’s social media accounts. It is alleged that on 2 nd March, 2026,
the applicant sent photos of them to the father of the victim. When
her father contacted him, he deleted the said photos. Therefore, the
victim filed the said report and accordingly, the present crime came
to be registered and the applicant was arrested. On completion of
the investigation, police submitted the charge-sheet. The trial Court
declined to release the applicant on bail. Hence, this application.

4.      Mr. Salvi, the learned counsel for the applicant submitted
that, the investigation material including the WhatsApp chats

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exchanged between the applicant and the victim and the other facts
and circumstances of the case clearly indicate that the relationship
between the two was consensual. The age of the applicant and the
victim fortifies the said fact. The allegation that the applicant had
sent obscene photos to the father of the applicant is baseless as
there is no evidence to that effect. The allegations of compelling the
victim to sell the gold ornaments etc. are also false and not
supported with the evidence. Therefore, the applicant deserves for
bail.

5.      In reply, Ms. Deshmukh, the learned APP and Ms. Qureshi,
the learned counsel for the victim have vehemently submitted that
the consent of the minor victim is immaterial in this case. Secondly,
the victim was repeatedly raped by the applicant threatening to
make her photo viral etc. Although, the victim wanted to end the
relationship with the applicant, he was forcing her to continue the
same. Since the applicant used to threaten the victim as above,
therefore, the victim could not file the Report promptly and sold the
gold ornaments as told by the applicant. Therefore, there is a prima
facie case against the applicant of having committed the alleged
offence and he is not entitled for bail.

6.      I have considered these submissions. The FIR itself indicates
that, there was love relationship between the victim and the
applicant. The said fact is also evident from the text messages and
the images they posted/exchanged with each other. Admittedly, all
the time, the victim was allegedly subjected to sexual intercourse at
her place. However, at no point of time, she complained to her
relatives. It is not pointed that certain obscene photo of the victim
was recovered from her mobile phone or from the mobile phone of
the applicant. Therefore, and having regard to the adolescent age of


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the victim and the applicant, it appears that, the physical
relationship between the two was consensual. There is no evidence
as to which photos the applicant had sent to the father of the victim.
There is no sufficient material showing that the applicant had sold
the gold ornaments given by the victim and he retained its proceeds.
From the material on record, it appears that, since the father of the
victim got to know about her relationship with the applicant, the
relationship between the two became sour. Therefore, the victim
wanted to discontinue the relationship. However, the applicant was
forcing her not to discontinue their relationship.Consequently, the
victim filed the Report.

7.      Be that as it may. The applicant was just aged 19 years. He
was studying in college. The applicant is in jail for last six months.
Yet, the charge is not framed. Therefore, the trial is not likely to
commence and be completed in the near future. The applicant is not
able to continue his studies and his career is also getting affected
due to his incarceration. The jail conditions must be affecting his
mental and physical growth.

8.      In the wake of above, the applicant is entitled for bail. Hence,
following Order:-

        (i)    Applicant – Saifullah Tanveer Shaikh @ Saif shall be
        released on bail in connection with Cr.No.I-104-2026,
        registered with Kapurbawdi Police Station, Thane City, on his
        furnishing P.R. Bond in the sum of Rs.50,000/- with one or
        two sureties in the like amount.
        (ii)   The applicant shall mark his attendance at Kapurbawdi
        Police Station, Thane City on the 1 st day of a calendar month,
        between 12:00 noon to 4:00 p.m., every four moths, till the
        conclusion of the trial.

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        (iii) The applicant shall regularly attend the proceedings
        before the jurisdictional Court.
        (iv)   The applicant shall not tamper with the prosecution
        evidence and shall not directly or indirectly influence upon
        the prosecution witness 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
        Investigation Officer and shall keep him updated, in case
        there is any change.
        (vi)   The applicant shall not enter in Marol and Kapurbawdi
        Police Station jurisdiction.
        (vii) The applicant shall not indulge in identical activities for
        which he has been arraigned in this case.
        (viii) In case of breach of any of the conditions, the
        Respondent-State will be at liberty to approach the trial Court
        for cancellation of the bail.
        (ix)   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.

9.      Application stands disposed of in the aforesaid terms.



                                  (SHYAM C. CHANDAK, J.)




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