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Bombay High Court

AAYAN HARUN SHAIKHversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

Bail is granted to the applicant, accused No.2, subject to the conditions specified, without expressing any view on the merits of the case.

Summary

The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Aayan Harun Shaikh, accused No.2 in CR No.36 of 2026, which involves offences under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act, 2012. The victim’s statements, recorded under Section 164, indicated a close relationship with accused No.1 and made no prima facie allegation against accused No.2. The court noted that accused No.1 had already been released on bail and that a similar co‑accused (accused No.4) had been granted anticipatory bail. Relying on the lack of prima facie evidence against the applicant, the court granted bail with a set of conditions, expressly limiting its observations to bail and not the merits of the case. The bail order was issued, directing immediate release upon furnishing a bond and compliance with reporting and conduct conditions.

Issues considered

  • Whether bail should be granted to accused No.2 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the victim’s statements and lack of prima facie case.
  • Whether the absence of any allegation against accused No.2 in the victim’s statements warrants bail despite the serious nature of the charges.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • prima facie evidence
  • sexual offences
  • POCSO
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                                                                       24.BA.3793.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.3793 OF 2026

              Aayan Harun Shaikh                               .. Applicant
                         Versus
              The State of Maharashtra and Anr.                .. Respondents
                                          ....................
               Mr. Gaurav Dnyandeo Kakade, Advocates for Applicant.
               Ms. Shilpa G. Talhar, APP for Respondent No.1.
               PSI – Amit Patil, Bhigwan Police Station, Pune Rural.
                                            ...................

                                           CORAM : MILIND N. JADHAV, J.
                                           DATE          : OCTOBER 07, 2026
              P.C.:

              1.       Heard Mr. Kakade, learned Advocate for Applicant and Ms.

              Talhar, learned APP for Respondent.


              2.       This is an Application under Section 483 of Bharatiya

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

              No.36 of 2026 registered with Bhigwan Police Station, Pune Rural for

              offences punishable under Sections 137(2), 309(4) read with Section

              3(5) of the Bharatiya Nyaya Sanhita, 2023 and subsequently Sections

              64(2)(i)(m), 74, 75(2) and 351(2) of the Bharatiya Nyaya Sanhita,

              2023 and Sections 4, 6, 8 and 12 of the Protection of Children from

              Sexual Offences Act, 2012.


              3.       The Applicant before me is arraigned as Accused No.2. In the

              present case, there are two accused persons. The principal Accused,



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Accused No.1, has already been released on bail. Accused No. 1’s case

has been considered by this Court for releasing prsent Applicant on

bail. Copy of the order dated 05.10.2026 is placed before me by Mr.

Kakade. However, admittedly, the victim has recorded her statement

wherein she has stated that the relationship between her family and

the family of Accused No.1 was extremely cordial and in fact her

brother is the best friend of accused No.1 and they both had a very

good relationship.


4.        She has also stated in her statement recorded under Section

164 that she was having a love affair with Accused No. 1 and was also

going to marry him. It is significant to note that 8 statements of the

victim have been recorded wherein there is no prima facie allegation

made against the Accused No.2.


5.        Mr. Kakade’s case is therefore clearly covered by the

observations made by this Court while granting anticipatory bail to the

Accused No.4 another co-accused person in the present case who has

been indicted by the Complainant vide order dated 24.08.2026.


6.        Considering the aforesaid, Applicant is released on bail

subject to following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No.36 of 2026;




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

     furnishing P.R. Bond of Rs. 10,000/- (Rs. Ten Thousand

     only) with one or two surety / sureties of the like

     amount;

(iii) Applicant shall report to the Investigating Officer at the

     concerned Police Station, once every month on the first

     Monday 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

     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 number 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.

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               7.              It is clarified that the observations made in this order are

               limited for the purpose of granting Bail only and I have not made any

               observations on merits of the case. The trial shall be adjudicated on

               the strength of the evidence led and strictly on its own merits being

               uninfluenced with any of the prima facie observations made

               hereinabove in this order.


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

               terms.



H. H. SAWANT                                                [ MILIND N. JADHAV, J. ]

                         Digitally signed
                         by HARSHADA
                HARSHADA HANUMANT
                HANUMANT SAWANT
                SAWANT   Date:
                         2026.10.07
                         19:15:43 +0530




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