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Bombay High Court

SHAIBAZ HAIDAR SHAIKH @ HAIDERversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The applicant is entitled to bail.

Summary

The applicant, Shaibaz Haidar Shaikh, was charged under the Bharatiya Nyaya Sanhita and the POCSO Act for alleged sexual relations with a 15‑year‑old girl, who later died accidentally by poison. The prosecution alleged that the applicant eloped with the minor after a series of communications and physical intimacy, leading to a missing‑person report and subsequent arrest. The trial court repeatedly denied bail, prompting the applicant to seek release. The High Court observed that the relationship appeared consensual, the victim herself initiated meetings and elopement, and the applicant bore no responsibility for her accidental death. Considering that the investigation was complete, the trial would take time, and continued detention would be punitive, the Court granted bail with standard conditions.

Issues considered

  • Whether bail can be granted in a case involving alleged sexual offences against a minor under the Bharatiya Nyaya Sanhita and POCSO Act.
  • Whether the accidental death of the victim impacts the bail decision.
  • Whether the alleged consensual nature of the relationship negates a prima facie case for bail denial.
  • Whether continued pre‑trial detention would be punitive in the circumstances.

Legislation cited

Subjects

  • bail
  • sexual offences against minor
  • POCSO
  • Bharatiya Nyaya Sanhita
  • pre‑trial detention
  • consent
  • elopement
  • accidental death

Judgment

P.H. JAYANI                                             925 BA2978.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

                BAIL APPLICATION NO. 2978 OF 2026

Shaibaz Haidar Shaikh @ Haider                           …. Applicant
      V/s.
The State of Maharashtra and anr.                      …Respondents


Mr. A.A. Dubey a/w. Ms. Shehnaz Shaikh for the applicant.
Mr. Tanveer Khan, APP for the Respondent No.1 – State.
Mr. Ghadge, PSI, Meghwadi Police Station, present.


                            CORAM:       SHYAM C. CHANDAK, J.
                            DATED :      11th SEPTEMBER, 2026

P.C. :-

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

2.        The applicant seeks his release on bail in Cr.No.149/2025
registered with Meghwadi Police Station, Mumbai for the offence
punishable under Sections 137 (2),87,64(1),65(1) of the Bharatiya
Nyaya Sanhita (“BNS”), 2023 and Sections 4, 8 and 12 of The
Protection of Children From Sexual Offences Act, 2012 (“POCSO
Act”) on the Report dated 06.03.2025 filed by the Complainant.

3.        The prosecution case is that, the informant is the father of
the victim then aged 15 years and 9 months. Around March 2025,
the applicant was proposed for his marriage with the victim. Since
the victim was below 18 years of age, the family decided to get the
two married once the victim turns 18 years of age. Meanwhile, the
victim contacted the applicant on Instagram. It was followed by
frequent telephonic calls between the two. The victim used to like
the applicant. On 28.02.2025, the victim met with the applicant


                                Page 1 of 4
P.H. JAYANI                                              925 BA2978.2026.DOC



when they went to the applicant’s friend, where, the two had
physical relationship. Further, on 04.03.2025 the victim left home
on the pretext of going to college, but, did not return. On
05.03.2025, the informant lodged a missing report. Later on, the
victim and the applicant were found to the police. During
investigation, police recorded the statement of the victim, therein,
she revealed the aforesaid facts including that on 04.03.2025, she
had called the applicant and then, the two eloped to Ajmer.
Therefore, the applicant came to be arrested and, on completion of
investigation, police submitted the charge-sheet. The trial Court
declined to release the applicant on bail, once before charge-sheet
and twice, after filing of the charge-sheet. Hence, this Application.

4.       Mr. Khan, the learned APP opposed the application. He
submitted that there is a prima facie case against the applicant of
having committed this offence. Hence, bail may be refused.

5.       However, considering the submissions made by Mr. Dubey,
learned Advocate for the applicant and the material on record, it
transpired that the applicant and the victim were in love
relationship. The statement of the victim indicates that she only
used to insist the applicant to meet her outside, frequently. She
herself had told the applicant to elope together. Their physical
relationship was consensual. It appears that since the victim and
the applicant were young, they involved in physical relationship.
Record revealed that, after one month of filing of the report, the
victim died, but, it was due to consuming some poison by accident.
The applicant is not blameable for her death.

         The investigation in the case is over. The trial of the offence
would take time to conclude. The applicant is in jail since his
arrest on 12/03/2025 and, in the facts, his further incarceration

                                Page 2 of 4
P.H. JAYANI                                                925 BA2978.2026.DOC



will cause him physical and mental harassment, thus, would be
punitive.

6.       As a result, the applicant is entitled for bail. Hence, Order :-

         (i)    The applicant – Shaibaz Haidar Shaikh @ Haider be
         released on bail in Cr.No.149/2025 registered with
         Meghwadi Police Station, Mumbai, on his executing a P.R.
         Bond in the sum of Rs.50,000/- with one or more sureties
         in the like amount.

         (ii)   The applicant shall mark his attendance at Meghwadi
         Police Station, Mumbai on 1st day of a month, every three
         calender month, between 11:00 a.m. to 2:00 p.m., till
         conclusion of trial.

         (iii) The applicant shall regularly attend the proceedings
         before the jurisdictional Court unless exempted by the said
         Court.

         (iv)   The applicant shall not tamper with the prosecution
         evidence and shall not directly or indirectly influence upon
         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)   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

                                 Page 3 of 4
                    P.H. JAYANI                                            925 BA2978.2026.DOC



                             trial and also not be taken as an expression of opinion on
                             merits of the case.

                    7.       Bail Application stands disposed of in above terms.



                                                     (SHYAM C. CHANDAK, J.)
       Digitally
       signed by
       PREETI
PREETI HEERO
HEERO JAYANI
JAYANI Date:
       2026.09.16
       17:04:15
       +0530




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