1 38. BA 1194 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.1194 OF 2026 MOHAMMAD IBRAHIM MOHAMMAD HUSAIN NAWAB VERSUS STATE OF MAHARASHTRA THR PSO., PS BALAPUR, TQ. BALAPUR, DIST. AKOLA AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.V. Sirpurkar, Advocate for Applicant. Mr. H.D. Marathe, APP for Non-Applicant No.1-State. Mr. N.R. Tekdade, Advocate for Non-Applicant No.2. CORAM : M.M. NERLIKAR, J. DATED : 01st OCTOBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant and learned Counsel for non-applicant No.2 as well as learned APP for the State. 2. By this application, the applicant is seeking bail in connection with Crime No.349 of 2026, registered with Police Station Balapur, Dist. Akola, for the offences punishable under Sections 74 and 75 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012. 3. The brief facts of the prosecution case are that the victim was taking education at a Madarsa. On 16.04.2026, at about 08.00 2026:BHC-NAG:13117 2 38. BA 1194 of 2026.odt a.m., the victim went to the Madarsa and returned home at about 09.45 p.m. Thereafter, she went for bringing the bread toast. At that time, the applicant called her in the Madarsa, latched the door from inside and caught hold the victim and outraged her modesty. Therefore, the FIR was lodged. 4. Learned Counsel for the applicant submits that though the allegations appear to be serious in nature, however, the applicant is falsely implicated by the victim. He submits that everyday the applicant used to teach several girl students at Madarsa, however, at no point of time, anyone made any grievance against the applicant. He prayed that the applicant deserves to be granted bail. 5. On the other hand, learned APP opposes the application and submits that the victim is 14 years of age and there are serious allegations of outraging the modesty by the applicant. Under such circumstances, the applicant does not deserve to be granted bail. 6. Learned Counsel appearing for the victim submits that the mother of the victim and victim herself have no objection to grant of bail. He submits that the mother of the victim and victim herself are present before this Court and they have also sworn affidavit, wherein they have stated that they have no objection if bail is granted to the applicant. 3 38. BA 1194 of 2026.odt 7. Upon consideration of the submissions of both the sides, it appears that the incident occurred on 16.04.2026, wherein the applicant, who is Maulana at Madarsa, called the victim and outraged her modesty. It further appears that the victim is aged about 14 years old. However, since the mother of the victim and the victim herself have given no objection, I am inclined to grant bail to the applicant. Hence, following order is passed. ORDER i) The Criminal Application is allowed and disposed of. ii) The applicant/accused viz. Mohammad Ibrahim Mohammad Husain Nawab, be released on bail, in connection with Crime No.349 of 2026, registered with Police Station Balapur, Dist. Akola, for the offences punishable under Sections 74 and 75 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 on furnishing a P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like amount. iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. 4 38. BA 1194 of 2026.odt iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial on even a single date or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. vi) Pending applications, if any, stand disposed of. 8. The observations of this Court are prima facie in nature and are only limited to this application. The trial Court shall not be influenced by the aforesaid observations. (M.M. NERLIKAR, J.) asd