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Bombay High Court

MOHAMMAD JAVED HAFIZ SHAIKHversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

Bail was granted because the prosecution failed to produce substantive evidence and the allegations were deemed wild and unsubstantiated.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Mohammad Javed Hafiz Shaikh, accused No.2 in a case involving alleged assault and sexual offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act, 2000. The prosecution’s case was based on a complaint alleging physical assault and a video recording, but the court found no substantive evidence, no medico‑legal report, and the FIR was described as wild and unsubstantiated. The court also noted a prior non‑cognizable complaint by the accused’s brother, suggesting a possible grudge. Given the lack of material evidence and the speculative nature of the allegations, the court deemed the bail application well‑founded. Consequently, the applicant was released on bail with specified conditions. The order also directed payment of legal aid fees for the appointed advocate.

Issues considered

  • Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the absence of substantive evidence.
  • Whether the FIR and the prosecution’s allegations are sufficient to justify continued detention.
  • Whether the presence of a prior grievance and lack of medico‑legal evidence affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • insufficient evidence
  • FIR
  • sexual assault
  • video evidence
  • legal aid
  • Maharashtra

Judgment

                                                                     87. BA-3440-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO. 3440 OF 2026

           Mohammad Javed Hafiz Shaikh                      .. Applicant
                      Versus
           The State of Maharashtra & Anr.                  .. Respondents
                                       ....................
            Mr. Shubham Gharbudave a/w Mr. Nagraj Tarade & Ms. Snehal
             Sapkale, Advocates for Applicant
            Mr. Amit K. Munde, APP for State
            Ms. Saili Dhuru, Advocate (appointed) for Respondent No. 2
            Mr. Ramesh Shelar, PSI, Kondhwa Police Station, Pune
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : OCTOBER 9, 2026
           P. C.:

           1.       Heard Mr. Gharbudave, learned Advocate for Applicant; Mr.

           Munde, learned APP for State and Ms. Dhuru, learned Advocate

           (appointed) for Respondent No. 2.


           2.       This is an Application under Section 483 of Bharatiya Nagarik

           Suraksha Sanhita, 2023 seeking regular Bail in connection with C.R.

           No. 74/2026 dated 03.02.2026 registered with Kondhwa Police

           Station for the offences punishable under Sections 64(2)(f), 77,

           351(3) and 352 read with Section 3(5) of the Bharatiya Nyaya

           Sanhita, 2023 (for short "BNS") and Section 66(E) of the Information

           Technology Act, 2000.




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3.    Applicant before me is arraigned as accused No. 2 in the present

crime. The prosecution case stems from the complaint lodged on

03.02.2026 by the victim alleging a series of episodes of assault which

are stated in the said statement. I have perused the same. Applicant is

the younger brother of accused No.       1 who is the husband of the

Complainant. Accused No. 1 has been enlarged on bail. Applicant is a

young person of 26 years of age. Serious allegations of having physical

intercourse and other serious allegations have been leveled against the

Applicant. It is also stated in the prosecution complaint that video

recording had been done of the alleged acts. However, the same is

nothing but a mere bald allegation without any substantiation

whatsoever and the prosecution has also not been able to show any

incriminating material to that extent.


4.    There is precursor incident incidentally whereby there is a non-

cognizable complaint lodged against the Complainant and her family

members for assaulting the accused No. 1 who is the husband of the

Complainant. Threats have been exchanged by the parties. There is

prima facie material to show that the accused No. 1 i.e. husband of the

Complainant has been repeatedly assaulted by the Complainant and

her family members and there is prima facie proof of the same in the

form of videos recorded by the Applicant. Hence the grudge against

the Applicant is evident.     Save and except the statement of the


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Complainant, there is no other material whatsoever neither the

medico-legal examination report supports the case of the prosecution

in any respect whatsoever in order to indict the Applicant before me.


5.    The manner in which the FIR has been worded cannot be

accepted at face value, primarily because the allegations are extremely

wild, serious and if they are to be sustained, there has to be some

element of proof of some facts and details to be brought to the notice

of the Court. That being absent, I am inclined to accept the case of the

Applicant for grant of bail. Hence, the Applicant is released on bail on

the following terms and conditions:-


          (i)   Applicant is directed to be immediately released on bail

                from prison in connection with C.R. No. 74 of 2026;

          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen

                Thousand only) with one or two sureties in the like

                amount;

          (iii) Applicant shall report to the Investigating Officer at

                concerned Police Station, once every month on the first

                Sunday of the month between 10:00 a.m. to 12:00

                p.m.;

          (iv) Applicant shall co-operate with the conduct of trial and

                attend the Trial Court on all dates, unless specifically

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              exempted     and   will   not   take   any     unnecessary

              adjournments, if he does so it will entitle the

              prosecution to apply for revocation of this order;

         (v) Applicant shall not leave the State of Maharashtra

              without prior permission of the Trial Court;

         (vi) Applicant shall not influence any of the witnesses or

              tamper with the evidence in any manner;

         (vii) Applicant shall keep the Investigating Officer informed

              of his current address and mobile contact No. and / or

              change of residence or mobile details, if any, from time

              to time, as applicable; and

         (viii)Any infraction of the conditions shall entail cancellation

              of bail granted to the Applicant.

6.    Needless to state that the above observations will not come in

the way of trial as they are prima facie in nature based on the

submissions made and the material placed before this Court.


7.    This Court appreciates the assistance rendered by Ms. Dhuru,

learned Advocate appointed through the Legal Aid to espouse the

cause of Respondent No. 2. Her fees be paid by the High Court Legal

Aid Services Authority as per rules on production of a server copy of

this order and other compliances in accordance with the decision of

this Court in the case of Sanjyot Nitin Telharkar v. The State of


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           Maharashtra & Anr.1 and the Schedule under Regulation 18(1) of the

           Maharashtra State Legal Services Authority Rules, 1998.


           8.        Bail Application is allowed and disposed of in the above terms.



Amberkar                                                       [ MILIND N. JADHAV, J. ]

                     Digitally signed
                     by RAVINDRA
           RAVINDRA MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date:
                     2026.10.09
                     21:06:20 +0530




           1    Judgment dated 25.09.2024 passed in Misc. Civil Application No. 134 of 2024

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