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 @ Daksh Keshav Vaidya … Applicant 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 osk 1 of 7 45-BA-526-2026 (CR).docx 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 osk 2 of 7 45-BA-526-2026 (CR).docx 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 osk 3 of 7 45-BA-526-2026 (CR).docx 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, osk 4 of 7 45-BA-526-2026 (CR).docx 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 osk 5 of 7 45-BA-526-2026 (CR).docx 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 :- O R D E R 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. osk 6 of 7 45-BA-526-2026 (CR).docx (C) The Applicant shall not pressurize the prosecution 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. ] osk 7 of 7 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.07.28 17:26:17 +0530