1 2-J-APPEAL-299-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPEAL NO. 299 OF 2026 APPELLANT : Sharukh Shah Razik Shah, Aged : 26 years, Occ : Labour, R/o Gourkheda Kumbhi, Tq. Achalpur, Dist. Amravati. V E R S U S RESPONDENTS : 1. State of Maharashtra, Through Police Station Officer, Paratwada Police Station, Tq. Achalpur, Dist. Amravati. 2.XYZ (Victim), In Crime No.464/2024, Registered with Paratwada Police Station, Tq. Achalpur, Dist : Amravati. ------------------------------------------------------------------------------------- Shri P. A. Teni, Advocate for appellant. Shri G.S. Umale, Additional Public Prosecutor for respondent No.1. Shri J. D. Ahmad, Advocate for respondent No.2. ------------------------------------------------------------------------------------- CORAM: Y. G. KHOBRAGADE, J. DATE : 07/10/2026. ORAL JUDGMENT : 1. Admit. Heard finally with the consent of the learned counsel appearing for the respective parties at the stage of admission. 2. By the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 2026:BHC-NAG:13522 2 2-J-APPEAL-299-2026.doc Act, 1989 (SC/ST Act), the appellant / accused takes exception to the order dated 14/10/2024 passed in Criminal Bail Application No.441/2024 by the learned Additional Sessions Judge, Achalpur, Dist. Amravati, thereby refused to enlarge the appellant / accused on regular bail in connection with Crime No.464/2024 registered with Paratwada Police Station for the offences punishable under Sections 137(2), 64(2)(i), 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 3(1)(w)(i) (ii), 3(2)(v) and 3(2)(va) of the SC/ST Act. 3. Having regard to the submissions canvassed on behalf of both the parties, I have gone through the record. 4. Crime No.464/2024 came to be registered on the basis of report lodged by the victim’s mother, wherein it has been alleged that on 04/07/2024, her daughter (victim) aged about 14 and ½ years, accompanied her maternal aunt to the market. However, the victim had left her company. Despite search being conducted, the victim was not traceable to her maternal aunt. The informant further alleged that somebody had enticed her victim daughter. 3 2-J-APPEAL-299-2026.doc 5. On the basis of said report, Crime No.464/2024 came to be registered. The Investigating Officer conducted a search. However, on 13/07/2024, the minor victim visited the police station. Accordingly, the Investigation Officer recorded the statement of the victim, wherein she stated that she is having love affair with the accused and out of love affair, she and the accused had physical relations, due to which she conceived. Further, the victim accompanied with the accused from one place to another place even by bus. The Investigation Officer arrested the present appellant / accused in connection with Crime No.464/2024 for the offences punishable under Sections 137(2), 64(2)(i), 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 3(1)(w)(i)(ii), 3(2)(v) and 3(2)(va) of the SC/ST Act. 6. Needless to say that, in earlier round of litigation, Criminal Appeal No.624/2024 was filed. However, said criminal appeal was permitted to be withdrawn with liberty to file afresh after receipt of DNA report. Accordingly, the appellant / accused filed another Criminal Bail Application No.441/2024 and prayed for regular bail in Crime No.464/2024. However, by way of 4 2-J-APPEAL-299-2026.doc impugned order dated 14/10/2024, the learned Trial Court rejected the same only on the ground that if the appellant / accused is released on bail, the possibility of pressurizing the victim and the witnesses, cannot be ruled out. 7. The non-applicant No.2 / victim has filed reply and stated that she had voluntarily accompanied with the appellant / accused and there was no force or abduction against her on the part of the appellant. She further stated that as per her wish, she accompanied with the appellant, hence, she has no objection to release the appellant / accused on bail. 8. The prosecution has filed reply and opposed the application. 9. The learned APP canvassed that due to physical relations, the non-applicant No.2 conceived. The non-applicant No.2 is a member of Scheduled Tribe Community and the appellant is a member of the Muslim Community. So also, during the course of the investigation, the medical examination of the victim as well as accused was conducted. Further, the DNA of the foetus was collected and report has been received, which is positive. 5 2-J-APPEAL-299-2026.doc 10. Needless to say that as per the statements of the victim / non-applicant No.2, she was in love affair with the appellant / accused. On the date of incident i.e. on 07/03/2024 at about 10.00 a.m., her mother and sister left the house for job and at about 3.00 p.m., she was alone at her home. At that time, she received a call from the accused. Thereafter, on the say of accused, she visited at Buradghat where the accused also arrived and thereafter, both of them proceeded in Auto Rickshaw and subsequently, they sat in a field where they indulged in physical relation. Further, it appears that there were physical relations between the appellant and non-applicant No.2 on number of times, due to which, the non-applicant No.2 conceived. Therefore, on 04/07/2024 when the accused met her in market, she left with him. No doubt, on the day of incident, the non-applicant No.2 was studying in 9th Standard and below the age of 18 years as provided under Section 2(d) of the POCSO Act. However, the Investigation Officer collected all material evidence and on conclusion of the investigation, a charge sheet came to be filed. Further, the DNA report was also received. Therefore, further custody of the present appellant is not required for the purpose of interrogation or recovery of any evidence. 6 2-J-APPEAL-299-2026.doc 11. Therefore, considering the love relations between the appellant and the respondent No.2 / victim, I am of the view that the appellant has made out a substantial case to enlarge him on bail, during the pendency of trial. 12. In view of the above, I am inclined to allow the present appeal and proceed to pass the following order :- ORDER i] The appeal is allowed. ii] The impugned order dated 14/10/2024 passed by the learned Additional Sessions Judge, Achalpur in Criminal Bail Application No.441/2024 is hereby quashed and set aside. iii] The appellant / accused – Sharukh Shah Razik Shah be enlarged on bail on execution of P.R. Bond of Rs.25,000/- with two solvent sureties in the like amount in connection with Crime No.464/2024 registered with Paratwada Police Station for the offences punishable under Sections 137(2), 64(2)(i), 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 3(1)(w)(i)(ii), 3(2)(v) and 3(2)(va) of the SC/ST Act. iv] The appellant shall furnish his Cell Number as well as Cell Numbers of his two close relatives. 7 2-J-APPEAL-299-2026.doc v] The appellant / accused shall appear regularly before the Trial Court and shall co-operate with the Investigating Officer for conclusion of the trial. vi] It is made clear that the continuous absence of the appellant/accused on three dates shall be a ground for cancellation of bail. vii] The appellant / accused shall not issue any threat or tamper with the prosecution witnesses in any manner. viii] The appeal is disposed of accordingly. [JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 09/10/2026 12:40:16