Bombay High Court

IQBAL SUBHEDAR SHAIKHversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal: Allowed
Bench: MEHROZ ASHRAF KHAN PATHAN

Holding

The court held that bail may be granted with stringent conditions despite the serious nature of the charges.

Summary

The applicant, Iqbal Subhedar Shaikh, sought regular bail in a case involving cheating, forgery, and alleged rape under the Bharatiya Nyaya Sanhita, 2023. He contended that the rape allegation was added four days after the FIR, suggesting falsity, and argued that he has no criminal record and is a family man. The prosecution argued that the offences are serious, involving identity fraud and non‑consensual intercourse, warranting denial of bail. The court examined the FIR, supplementary statements, and witness testimonies, noting inconsistencies in the complainant’s account and the lack of corroborative evidence such as messages. Concluding that the investigation is complete, the applicant has no antecedents, and the prosecution’s concerns can be mitigated by strict conditions, the court granted bail with a personal bond and several safeguards.

Issues considered

Whether bail should be granted in a case involving offences of cheating, forgery, and alleged rape under the Bharatiya Nyaya Sanhita, 2023.
Whether the delay in recording the rape allegation affects the credibility of the prosecution’s case.
Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
Whether the applicant’s personal circumstances (married, no prior record) justify bail despite the seriousness of the charges.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 337, 338, 339, 351(2), 380, 64

Subjects

bail
cheating
forgery
rape
identity fraud
Bharatiya Nyaya Sanhita
criminal procedure
regular bail
conditions of bail

Judgment

45-BA-526-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 526 OF 2026

Iqbal Subhedar Shaikh @ Saif Ali Shaikh @ … Applicant
Daksh Keshav Vaidya
Versus
The State of Maharashtra And Ors. … Respondents

——————
 Mr. Sujit Nikam a/w. Mr. Rahul Karpe, Mr. Shashi Mane & Mr. Suraj
Mhaske & Mr. Siddharth Karpe for the Applicant.
 Dr. A.A. Takalkar, A.P.P. for the Respondent Nos.1 & 2-State.
 Mr. Mohansinh U. Rajput for the Respondent No.3-complainant.
 Officer :- PC/480 Mr. Navnath Thite, Natepute Police Station, District
Solapur Rural, present.
——————

Coram : MEHROZ K. PATHAN, J.

Date : 27th July 2026.

PER COURT :

1. The Applicant has approached this Court seeking regular bail in

connection with F.I.R. No. 0093 of 2026, dated 10/03/2026, registered with

Natepute Police Station, District Solapur Rural, for the offences punishable

under Sections 64, 318(4), 337, 338, 339, 380, 351(2) of the Bharatiya

Nyaya Sanhita, 2023.

2. Learned counsel for the Applicant submits that the Applicant is falsely

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implicated in the present crime on the ground of cheating, forging of a

valuable security along with charges of rape. The First Information Report

would show that the complainant has alleged cheating against the Applicant

by impersonation, posing himself to be one Daksh Keshav Vaidya. The

Applicant is a married person having two daughters. The Applicant is falsely

arraigned as an accused only with an intention to wreak vengeance as the

Applicant could not marry the complainant, who had fallen madly in love

with the present Applicant. The Applicant is not having any criminal

antecedents and is ready to abide by any conditions that may be imposed by

this Court. The Applicant is arrested on 11/03/2026. The entire

investigation is complete. The Chargesheet is already filed. No fruitful

purpose will be served by keeping the Applicant in further incarceration.

3. The F.I.R. is filed on 10/03/2026 initially for cheating and forging of a

valuable security. The supplementary statement of the complainant was

thereafter recorded on 14/03/2026, in which she had stated about the

allegations of rape for the first time. Thus, there is a delay of 04 days in

making the allegations of rape, which allegedly occurred in the month of

January 2026. The said statement which is recorded on 14/03/2026 would

itself falsify the case of the prosecution as there is no explanation as to why

the allegations of rape was not made in the F.I.R. dated 10/03/2026.

4. As against this, the learned A.P.P. as well as the learned counsel for the

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Respondent No.3-complainant strongly opposed the bail application on the

ground that the Applicant is involved in a serious offence of cheating by

impersonation and forging of valuable security with an intention to deceit the

complainant. The Applicant has projected himself to be belonging to one

community and he himself belonged to other community. The Applicant

prepared forged documents of the Government Departments only to hide his

identity so as to cheat the complainant and falsely perform the marriage. The

Applicant’s identity was revealed once the said documents were verified and

the complainant received a phone call from another person that the

Applicant’s identity was different and the marriage was thereafter broken. By

that time, the Applicant had already taken advantage of his different identity

and has committed sexual intercourse upon the complainant. The consent

obtained by fraudulent means is no consent in the eyes of law, and therefore,

the offence of rape is clearly made out against the Applicant. The said offence

is punishable with imprisonment for life, which shall mean imprisonment for

the remainder of his natural life. Hence, this is not a fit case to release the

Applicant on regular bail. Learned A.P.P. as well as learned counsel for the

Respondent No.3-complainant therefore prays for rejection of the present bail

application.

5. I have gone through the investigation papers, which is now culminated

into filing of the chargesheet. The perusal of the First Information Report

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would show that there were several instances quoted by the complainant,

which led to the final registration of the F.I.R. by the complainant on

10/03/2026. Interestingly, the allegation was initially restricted to cheating

by impersonation. However, the complainant had thereafter recorded a

supplementary statement on 14/03/2026 for the first time, thereby alleging

the commission of rape upon her in the month of January 2026. The said

allegations are not mentioned in the F.I.R.. The statement of two of the

colleagues working with the Applicant and the complainant at the office of

Sonigra Company would show that the Applicant was known as Iqbal Shaikh

in the office and he has never used an identity as “Daksh Keshav Vaidya”.

The said statement of Raghvendra @ Rohit Rajendra Adkar is a part of

chargesheet. Likewise the statement of another employee Ajay Popatrao

Lange, who had earlier worked along with the Applicant as well as the

complainant in the company Sonigira, also states that the Applicant was

named as “Iqbal Sir” and he was never referred to as “Daksh Keshav Vaidya”

as claimed by the present complainant.

6. The chargesheet also contains statements of driver Digambar Patil, who

clarified that no such incident of the Applicant committing rape on the eve of

24/01/2026 had taken place, as he was accompanying the Applicant as well

as the victim girl in the car bearing registration No. MH-12/SQ-1573 on the

date of incident. The statement of wife of the present Applicant, namely,

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Rutuja Anil Kale also creates a serious suspicion about the conduct of the

complainant. After careful perusal of the statement of the wife of the present

Applicant, the submission of the counsel for the Applicant that the Applicant

is falsely implicated in the present crime as the complainant girl wanted to

somehow marry the Applicant asking his wife to divorce the Applicant

appears to be probable at this stage. However, these are prima facie

observations made only for the purpose of deciding the present Application.

The submission of the learned A.P.P. as well as the learned counsel for the

Respondent No.3-complainant that there are documents on record which are

allegedly produced by the Applicant with an intention to cheat the

complainant, are matters which are to be evaluated by the trial Court after

leading cogent evidence to that effect. The complainant’s deliberate

omissions of rape in the F.I.R. on 10/03/2026 and thereafter record her

statement on 14/03/2026 with allegations of rape creates a serious suspicion

about the entire prosecution story. There are no WhatsApp message

exchanges or phone call details and transcripts recorded by the prosecution

to prove that the Applicant has concealed his identity to cheat the

complainant. Since, the Applicant is a married man having children and is

behind bars since 11/03/2026 and that the Applicant is not having any

criminal antecedents, the entire investigation is already complete and the

chargesheet is filed, no fruitful purpose will be served by keeping the

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Applicant behind bars. The apprehension of the learned A.P.P. as well as the

learned counsel for the Respondent No.3-complainant can be taken care of by

imposing stringent conditions. Hence, the following order :-

ORDER

i. The Application is allowed.

ii. The Applicant - Iqbal Subhedar Shaikh @ Saif Ali Shaikh @

Daksh Keshav Vaidya be released on bail in connection with

F.I.R. No. 0093 of 2026, dated 10/03/2026, registered with

Natepute Police Station, District Solapur Rural, for the offences

punishable under Sections 64, 318(4), 337, 338, 339, 380,

351(2) of the Bharatiya Nyaya Sanhita, 2023, on furnishing P.R.

Bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or

two solvent sureties in the like amount, on the following

conditions :-

(A) The Applicant shall attend the concerned Police Station

once in every three months, starting from 10/08/2026,

between 12:00 noon and 02:00 p.m., till completion of

the trial.

(B) The Applicant shall not contact or threaten the

complainant or her family members.

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witnesses and shall not tamper with the prosecution

evidence, in any manner.

(D) The Applicant shall submit his Aadhar Card and Pan Card

to the Investigating Officer along with mobile numbers

and addresses of two of his near relatives.

7. Needless to say, a single violation of any of the conditions imposed by

this Court shall entitle the prosecution and the complainant to seek

cancellation of bail of the present Applicant.

8. The Application stands disposed off accordingly.

[ MEHROZ K. PATHAN, J. ]

Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.07.28
17:26:17
+0530

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