Bombay High Court
MOHD TANVEER MOHD ATAUR REHMAN SHAHversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The court granted bail to the applicant with conditions.
Summary
The applicant, Mohd. Tanveer Mohd. Ataur Rehman Shah, was arrested for aggravated sexual assault of a seven‑year‑old girl, alleged to have occurred on 22 August 2024 while the victim attended an Arabic class. He faces charges under Section 74 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The trial court denied bail, but the victim and her mother have been non‑cooperative, causing the trial to stall despite the prosecution’s evidence. The applicant’s counsel argued that he has already spent nearly half of the maximum possible sentence in custody and that continued detention would be punitive. The court, noting the victim’s non‑cooperation and the time already served, granted bail subject to a personal bond of Rs.50,000, sureties, monthly police reporting, and other standard conditions.
Issues considered
- Whether bail should be granted in a case involving aggravated sexual assault of a minor under BNS and POCSO statutes.
- Whether the victim’s non‑cooperation and the time already served justify release on bail.
- Whether the seriousness of the offences outweighs the presumption of liberty.
Legislation cited
Subjects
- bail
- sexual assault
- child protection
- POCSO
- BNS
- non‑cooperative victim
- criminal procedure
Judgment
WAKLE
MANOJ MANOJ 915-BA-399-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.09.16
16:08:13 +0530 CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.399 OF 2026
Mohd. Tanveer Mohd. Ataur Rehman Shah …Applicant
V/s.
The State of Maharashtra & Anr. …Respondents
Ms. Nazneen Khatri a/w Adv. Jigeyasa Jain, for the Applicant.
Ms. S. K. Gajare, APP for the Respondent No.1-State.
Ms. Kanchan Pawar (appointed Advocate), for the Respondent
No.2.
Mr. Madhukar Laxman Moule, Shivaji Nagar 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. Applicant seeks his release on bail in connection with
Cr.No.608 of 2024, registered with Shivaji Nagar Police Station,
Mumbai for the offence punishable under Section 74 of the
Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Sections 8 and 12 of the
Protection of Children from Sexual Offences Act, 2012 (“POCSO
Act”), on report dated 26th August 2024, filed by the mother of the
victim girl, who was then aged 7 years.
3. It is alleged that on 22 nd August 2024, between 8.00 a.m. to
10.00 a.m. when the victim was attending an Arabic class in a
Madrasa at Shivaji Nagar, Govandi, Mumbai, the applicant
committed aggravated sexual assault on the victim. Therefore, the
aforesaid crime came to be registered and the applicant came to be
arrested. On completion of the investigation, police submitted the
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MANOJ 915-BA-399-2026.DOC
charge-sheet. The trial Court refused to release the applicant on
bail. Hence, this application.
4. Ms. Khatri, the learned counsel for the applicant states that,
the applicant is in jail from the date of his arrest. The trial has
commenced and testimony of the mother of the victim is recorded.
She states that, on the same day, the victim was present before the
trial Court. However, the trial Court was busy in passing Judgment,
therefore, the victim, through her mother, was requested to wait.
Yet, the mother and the victim both went away. Since then, the
victim is not attending despite efforts from the police. To
substantiate these submissions, Ms.Khatri tendered the photocopies
of the Roznamas (“X”) and urged to release the applicant on bail.
5. Ms.Gajare, the learned APP and Ms. Pawar, the learned
appointed Advocate for Respondent No.2 have submitted that,
although, the applicant was the teacher of the victim, he committed
this offence, which is serious in nature and calls for rejection of bail.
6. I have considered these submissions. Earlier, the applicant
had filed BA/1318/2025, which was allowed to be withdrawn with
liberty to approach the trial Court after completion of the evidence
of the victim and her mother, vide Order dated 21st August 2025.
It appears that, the victim is non-cooperative, therefore, the
trial is not progressing. Ms. Khatri stated that the trial Court has
framed the charge of Section 74 BNS, punishable with maximum
imprisonment of five years and fine. Additionally, charge of
Sections 8 and 12 of the POCSO Act. The offence of Section 8 is
punishable with minimum imprisonment of three years which may
extend upto to five years and fine. The offence of Section 12 is
punishable with lesser imprisonment. The applicant is in jail since
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MANOJ 915-BA-399-2026.DOC
his arrest on 31st August, 2024, i.e., nearly for half of the said
maximum punishment of five years. Ms. Gajare, the learned APP
submitted that, considering the allegations, the charge of Section 9
POCSO Act may be attracted in this case, which is punishable under
Section 10 with minimum imprisonment of five years which may
extend upto to seven years and fine. Even in that case, the
incarceration is almost 1/3rd of the maximum punishment of seven
years. Be that as it may. Since the victim’s side is not cooperative,
therefore, the liberty of the applicant cannot be curtailed, otherwise
it will turn punitive.
7. As a result, I am inclined to allow this application. Hence,
following Order:-
(i) Applicant – Mohd. Tanveer Mohd. Ataur Rehman Shah
shall be released on bail in connection with Cr.No.608 of
2024, registered with Shivaji Nagar Police Station, Mumbai,
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 Shivaji
Nagar Police Station, Mumbai on the 1 st day of each calendar
month, between 12:00 noon to 4:00 p.m., till the conclusion
of the trial.
(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
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MANOJ 915-BA-399-2026.DOC
Investigation 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 trial
and also not be taken as an expression of opinion on the
merits of the case.
8. Application stands disposed of in the aforesaid terms.
(SHYAM C. CHANDAK, J.)
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