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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 309(4), 3(5), 351(2), 64(2)(i)(m), 74, 75(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 4, 6, 8
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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24.BA.3793.2026.doc
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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24.BA.3793.2026.doc
(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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24.BA.3793.2026.doc
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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