923-ABA-168-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 168 OF 2025 Mohammad Ibrahim Kadri Abdul Sattar Kadri VERSUS The State Of Maharashtra And Others ... Mr. Mohd. Amir h/f Mr. J. S. Jain, Advocate for Applicant Mrs. P. J. Bharad, APP for Respondent Nos. 1 and 2 Ms. T. K. Nalawade, Advocate for Respondent No. 3 (appointed) CORAM : R.M. JOSHI, J DATE : AUGUST 19, 2026 P. C. : 1. Applicant apprehends arrest in connection with C.R. No. 190/2024 registered with Police Station Pundlik Nagar, District Aurangabad for the offences punishable under Sections 363, 376, 376(2)(n), 376(3), 109, 506 read with Section 34 of the Indian Penal Code and Sections 4, 5(L), 8, 12 and 17 of the Protection of Children from Sexual Offences Act. 2. The father of the victim aged about 14 years and 9 months lodged report to the police on 23.05.2024 indicating that the victim was kidnapped by unknown persons. During the course of investigation, victim’s statement came to be recorded on 26.05.2024 wherein she claim of she being subjected to the physical relationship by co-accused. She was referred to medical examination and she gave history to medical officer. Thereafter, her supplementary statement came to be recorded on 30.05.2024 under Section 161 of the Code of Criminal Procedure as well as on the same day 2026:BHC-AUG:37205 923-ABA-168-2025.odt her statement was recorded before the Magistrate under Section 164 of the Code of Criminal Procedure. On the basis of supplementary statement of the victim, the complicity of the Applicant is found in the crime. 3. Learned Counsel for the Applicant submits that there is no allegation in the first information report against Applicant so also in the statement recorded of the victim, which is first in time. It is his further submission that even before the Medical Officer, Applicant has not given any history indicating any allegation of rape against present Applicant. According to him, before Magistrate while recording the statement victim does not name the Applicant, as such, involvement in the crime cannot be presumed. He claims that Applicant has no criminal history. 4. Learned APP and learned Counsel for Informant opposed grant of any relief to the Applicant by referring to the serious nature of crime attributed against Applicant. To support their submissions, they relied upon the supplementary statement of the victim recorded on 30.05.2024. 5. Prima facie perusal of the record indicates that neither in the first information report nor in the statement recorded of the victim for the first time Applicant was named by her. It is material to note that even before medical officer, no history is given indicating involvement of the Applicant in the crime. Pertinently though supplementary statement of the victim indicates the alleged role of the Applicant in the crime, however, on the 923-ABA-168-2025.odt same day when statement was recorded before Magistrate, she states nothing against him. At this stage, it could be said that there is no material in order to accept the involvement of the Applicant in the crime. He has no criminal history behind him and is not likely to flee from justice. Appropriate direction to appear before the investigating officer will meet the purpose of investigation. Hence, the order: O R D E R (i) Anticipatory Bail Application is allowed. (ii) In the event of arrest of the Applicant in connection with C.R. No. 190/2024 registered with Police Station Pundlik Nagar, District Aurangabad for the offences punishable under Sections 363, 376, 376(2)(n), 376(3), 109, 506 read with Section 34 of the Indian Penal Code and Sections 4, 5(L), 8, 12 and 17 of the Protection of Children from Sexual Offences Act, he shall be released on bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) with one surety in the like amount. (iii) He shall attend the concerned police station on 24.08.2026 and 28.08.2026 between 11.00 am to 01.00 pm and thereafter upon written notice by the IO.. (iv) He shall not contact the witnesses directly or indirectly. (v) He shall not interfere with the evidence in any manner whatsoever. (vi) He is further directed to cooperate the investigating agency for further investigation, remained if any. (vii) Fees of appointed Counsel is quantified @ Rs. 10,000/- to be paid by High Court Legal Services Sub-Committee, Aurangabad. (R. M. JOSHI, J.) Malani