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Bombay High Court

AZIZ MOHD. ISMAIL SHAIKHversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The bail application was rejected as there exists a strong prima facie case against the applicant.

Summary

The High Court considered the bail application of Aziz Mohd. Ismail Shaikh, who is alleged to be the step‑father of an 11‑year‑old girl and accused of penetrative sexual assault under the Bharatiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012. The applicant claimed he was falsely implicated, alleging a personal dispute with the informant, who is the victim's mother. The prosecution presented the victim’s recorded statement and medical evidence describing obscene video exposure, disrobing, inappropriate touching, and penetrative assault, establishing a strong prima facie case. The court found no material to suggest false implication and held that bail could not be granted. Consequently, the bail application was rejected, with the court clarifying that its observations pertain solely to bail and not to the merits of guilt.

Issues considered

  • Whether the applicant is entitled to bail despite the prima facie evidence of sexual assault under B.N.S. and POCSO statutes.

Legislation cited

Subjects

  • bail
  • sexual assault
  • child protection
  • POCSO
  • Bharatiya Nyaya Sanhita
  • prima facie case
  • stepfather
  • criminal procedure

Judgment

HEMANT                H.C.SHIV                                              1.BA4678.25.DOC
CHANDERSEN
SHIV
Digitally signed by
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HEMANT                                CRIMINAL APPELLATE JURISDICTION
CHANDERSEN SHIV
Date: 2026.08.10
18:16:54 +0300                          BAIL APPLICATION NO.4678 OF 2025

                      Aziz Mohd. Ismail Shaikh                                  …. Applicant
                            V/s.
                      State of Maharashtra & Anr.                             …Respondents



                      Mr. Francis A. Caszo for the Applicant.
                      Ms. Anagha Deshmukh, APP for Respondent No.1 – State.
                      Ms. Vilasini Subramanian for Respondent No.2.
                      Mr. Prabhat Mankar, Oshiwara police station present.



                                                   CORAM:       SHYAM C. CHANDAK, J.
                                                   DATED :      6th AUGUST, 2026
                      P.C. :-

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

                      2.         The Applicant seeks his release on bail in connection with
                      C.R. No.345 of 2025, registered with Oshiwara police station,
                      Mumbai for offence punishable under Sections 65(2), 75, 76 and
                      351 of the Bharatiya Nyaya Sanhita, 2023 (for short “B.N.S.”) and
                      under Sections 4, 6, 8, 10 and 12 of the Protection of Children
                      from Sexual Offences Act, 2012 (for short “POCSO Act”), as the
                      trial Court declined his prayer for bail.

                      3.         Mr.Caszo, learned Counsel for the Applicant submitted that
                      in the year 2023, the husband of the informant from the 1 st
                      Marriage was in jail. Therefore, the Applicant used to reside with
                      the informant to help her. Thereafter, the two got married with
                      each other on 31.10.2023. However, when the husband of the
                      informant was released from jail, the informant and her husband
                      wanted to get rid of the Applicant, and therefore, the informant

                                                       Page 1 of 3
H.C.SHIV                                                 1.BA4678.25.DOC



and her husband have falsely implicated the Applicant in this case.
Therefore, the Applicant may be released on bail.

4.         Ms.Deshmukh, learned APP for Respondent No.1-State and
Ms.Subramanian, learned Counsel for Respondent No.2 submitted
that there is a prima facie case against the Applicant of having
committed the alleged offence. Therefore, bail be refused.

5.         I have considered these submissions. Record shows that, the
informant is mother of the ‘victim girl’ aged 11 years 7 months. The
Applicant is step father of the victim. On 22.03.2025, at about
17.30 hours, the informant went to her job and returned at 4.00
hours of 23.03.2025. At about 9.00 hours, when the informant
was about to leave for work, the victim was crying and she
requested the informant that not to go for work. On enquiry, the
victim told the informant that the Applicant subjected her to
penetrative sexual assault.

6.         The statements of the victim recorded that, to commit the
offence, first, the Applicant showed the victim an obscene video on
his        mobile   phone.   He    then     disrobed   her   clothes   and
inappropriately touched her chest and genital. Further, he
committed penetrative sexual assault inserting finger in her
genital, with a specific physical object and also through mouth.
The version of victim recorded before the police is corroborated by
the history narrated by her to the Medical Officer. Thus, there is a
strong prima facie case against the Applicant having committed a
serious offence. There is nothing on record based on which it may
be said that the Applicant has been falsely implicated in this crime.

7.         In view thereof, the Application is liable to be rejected and is
rejected, accordingly.

                                   Page 2 of 3
H.C.SHIV                                               1.BA4678.25.DOC



8.         It is clarified that the observations made hereinabove are
confined to determination of the question of bail and they may not
be construed as an expression of opinion on the guilt or otherwise
of the Applicant and the trial Court shall not be influenced by any
of the observations made hereinabove.

9.         Bail Application stands disposed of in aforesaid terms.



                                   (SHYAM C. CHANDAK, J.)




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