1 37. BA 1241 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.1241 OF 2026 SHEKH SAMIR SHEKH HAMID VERSUS STATE OF MAHARASHTRA THR PSO., PS TAMGAON, TQ. SANGRAMPUR, DIST. BULDHANA 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. H.V. Dhage, Advocate for Applicant. Mr. U.R. Phasate, APP for Non-Applicant No.1-State. Ms. V.A. Warade, Advocate (Appointed) for Non-Applicant No.2. CORAM : M.M. NERLIKAR, J. DATED : 05th 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.155 of 2026, dated 12.05.2026, registered with Police Station Tamgaon, Dist. Buldhana, for the offences punishable under Sections 74, 75, 351(2) and 137(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. 3. The brief facts of the prosecution case are that the applicant is a neighbour of the victim. On 12.05.2026, at about 09.00 2026:BHC-NAG:13195 2 37. BA 1241 of 2026.odt a.m., the victim was playing in the courtyard. At that time, the father of the victim, who is the informant, called the victim, however, she was not found in the house. During the search, the informant went to the house of the applicant and found that the victim was sitting on the applicant’s lap and he was outraging her modesty. Therefore, the informant lodged a report against the applicant. 4. Learned Counsel for the applicant submits that the allegations against the applicant are serious in nature, however, the maximum punishment provided for the offence is upto five years of imprisonment. The applicant is behind bars since 14.05.2026.Now the investigation is complete and charge-sheet is filed. Under such circumstances, the applicant deserves to be granted bail. 5. On the other hand, learned APP and learned Counsel appearing for the victim vehemently opposed the application and submitted that the victim is just 08 years of age. They submit that the intention of the applicant could be gathered from the alleged incident. They submit that the applicant has committed serious offence against a girl child and that such crimes need to be curbed and therefore, according to them, the applicant does not deserve to be granted bail. 3 37. BA 1241 of 2026.odt 6. Upon consideration of the submissions of both the sides and upon perusal of the charge-sheet, it appears that on 12.05.2026, at about 09.00 a.m., the family members of the victim were searching for the victim in the vicinity. During the search, the father of the victim went inside the house of the applicant and found that the applicant made the victim sit on his lap and his hand was on the chest of the victim. Prima facie, it appears that the allegations are serious in nature, however, considering the fact that now the investigation is complete and charge-sheet is filed and further the applicant is in jail since 14.05.2026 and maximum punishment provided for the said offence is upto five years of imprisonment, under such circumstances, I am inclined to grant bail to the applicant by imposing stringent conditions. Hence, following order is passed. ORDER i) The Criminal Application is allowed and disposed of. ii) The applicant/accused viz. Shekh Samir Shekh Hamid, be released on bail in connection with Crime No.155 of 2026, dated 12.05.2026, registered with Police Station Tamgaon, Dist. Buldhana, for the offences punishable under Sections 74, 75, 351(2) and 137(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 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. 4 37. BA 1241 of 2026.odt iii) The applicant/accused shall not enter into the vicinity where the victim and her family members are residing. iv) 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. v) 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. vi) 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. vii) Pending applications, if any, stand disposed of. 7. 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. 8. Fees of the appointed Counsel be quantified as per Rules by the High Court Legal Services Sub Committee, Nagpur. (M.M. NERLIKAR, J.) asd