16.ABA-1643.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1643 OF 2026 Saddam Shamshuddin Shaikh … Applicant V/s. The State of Maharashtra & Anr. …. Respondents ______________________ Mr. Shailesh Chavan a/w Mr. Sachin Pawar, Mr. Hrishikesh Avhad i/by Mr. Adesh Kale, for the Applicant. Mr. Balraj Kulkarni, APP for the Respondent No.1-State. Mr. Himanshu Mane i/by Mr. Prakash Salsingikar for Respondent No.2. Mr. Amit Patil, PSI-IO attached to Bhigwan Police Station, Pune Rural present. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 24 AUGUST 2026 P. C. :- 1. Heard Mr. Chavan, learned counsel appearing for the Applicant, learned APP appearing for the Respondent No.1-State and Mr. Himanshu Mane, learned counsel appearing for Respondent No.2. 2. By this application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant is seeking pre-arrest bail in connection with C.R. No.36 of 2026 registered Page 1 PPN 16.ABA-1643.26.DOC with Bhigwan Police Station, Pune Rural for the offences punishable under Sections 137(2), 309(4) and 3(5) of the Bhartiya Nyaya Sanhita 2023 (“BNS”) and subsequently, Sections 64(2)(i) (m), 74, 75(2), 351(2) of the BNS and Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) were added. 3. The prosecution case is set out in paragraph 2 of the order dated 10th June 2026 passed by the learned Additional Sessions Judge, Indapur, District Pune which reads as under :- 2. The brief facts, which led to the filing of the charge-sheet, can be summarized as under - That on 17.02.2026 informant mother of the victim girl lodged the FIR with Bhigwan Police Station alleging that victim girl, who is 21 years old, is her daughter. On that day around 3.40 p.m., she herself, victim girl and her son were returning back after purchasing gold from the jewelry shop at Bhigwan and when they reached behind hotel Anand, her neighbour by name Zahir Shaikh and Aayan Shaikh came there with a vehicle bearing No. MH-42-BF-9126. Zahir was armed with stick. Both of them started to kidnap victim girl and Zahir Shaikh attempted to gave stroke of the stick and his brother Aayan threw chilly powder in her eyes as well as in the eyes of her son. Both of them kidnapped the victim girl and left that place by use of the said vehicle. Making such allegations, she lodged the FIR. Accordingly, crime under 137(2), 309(4) r/w. 3(5) of BNS came to be registered. Thereafter, on 19.02.2026 Zahir Shaikh and the victim Page 2 PPN 16.ABA-1643.26.DOC girl voluntarily appeared before the authority of Baramati City Police Station and therefore, Zahir was taken into custody. As the victim girl was not ready to return back to her home, proposal was placed before JMFC Indapur for safe custody of the victim girl at Government safe custody home by name "Aple Ghar" at Pune. On 20.02.2026, statement of the victim girl came to be recorded by the authority of Baramati Police Station, wherein victim girl disclosed that since prior to one year there was love affair between her & Zahir Shaikh and they were actively communicating with each other on social media. On 22.02.2026, celebration of her marriage was decided to be performed by her mother and maternal uncle, which was against her wish. In fact, she had clearly stated to her mother that she wanted to marry Zahir, which was opposed by her mother and brother. Before 22.02.2026, she and Zahir had planned for 2 to 3 times to elope from their houses, but due to presence elderly persons in the family, they could not. On 17.02.2026, she informed Zahir that in the afternoon she along with her mother & brother were going to market and asked him to come behind hotel Anand, so that they could elope from that place. Around 2-00 p.m., she herself, her mother and her brother were retuning back home by the motorcycle, Zahir was present behind hotel Anand. On seeing him, she asked her brother to stop the motorcycle and started to proceed ahead with Zahir, which was resisted by her mother and brother. Opposing their resistance, she sat in the said tempo, which was being driven by Aayan and came Srigonda, Ahilyanagar, Pune, Saswad and village Bholi of District Satara and stayed in the house of maternal aunty of Zahir. In the said house, she saw news flashed on the TV that she was kidnapped by throwing chilly powder in the eyes of mother & brother. On 18.02.2026, she and Zahir came to Daund. She executed a Notary document and also a video was developed informing the public at large that she was not kidnapped, but out of their love affair she had eloped with Zahir and thenceforth she would be Page 3 PPN 16.ABA-1643.26.DOC staying with Zahir. On 19.02.2026, when they were present at Nira, the Police apprehended them and brought to Baramati Police Station. On 04.04.2026, victim girl along with her mother appeared before the authority of Baramati Police Station and gave her supplementary statement disclosing that in the year 2022, when she was 17 years old, by giving threats of life and reputation Zahir Shaikh had forcibly committed multiple sexual intercourse with her. On the basis of this statement, Section 64(2)(i)(m), 74, 75(2) & 351(2) of BNS and Section 4, 6, 8 & 12 of POCSO Act came to be applied. On 20.02.2026, Zahir came to be arrested and at present he is in judicial custody. Similarly, Aayan Shaikh as well as Azaruddin Shaikh also came to be arrested respectively on 26.04.2026 and 22.04.2026. The investigation of the crime was handed over to PSI Shri Amit Patil of Bhigwan Police Station. After carrying out usual investigation charge- sheet came to be filed against all the three above arrested persons. As present applicant Saddam Shaikh, who was also found to be involved in the commission of the said cr11 ptime, could not be traced out, in the charge-sheet he was referred as absconded. As co-accused persons came to be arrested applicant Saddam apprehends his arrest in the present crime and therefore, he is seeking protection by way of anticipatory bail.” 4. It is the submission of Mr. Chavan, learned counsel appearing for the Applicant i.e. Accused No.3 that a totally false case has been filed as the Accused No.1 is having a love affair with the victim. He submits that as the mother of the victim with complete knowledge of the said love affair between the victim and the Accused No.1 fixed her marriage with somebody else and the said marriage was to be performed on 22nd February 2026 and Page 4 PPN 16.ABA-1643.26.DOC therefore, at the insistence of the victim, the victim eloped with the Accused No.1. He submits that the victim’s family opposed the said love relationship and the victim was staying with her maternal uncle for about one year and as her mother had fixed the marriage with some other person which was scheduled to be held on 22nd February 2026, the victim ran away with the Accused No.1 on 17 February 2026. To support his contention, Mr. Chavan, learned Counsel relied on statement of the victim recorded under Section 183 of the BNS by the learned Judicial Magistrate First Class (“JMFC”), Baramati and statement of the victim recorded by police on 22nd February, 2026. 5. On the other hand, Mr. Kulkarni, learned APP strongly opposed the application. He submits that the offence is very serious and therefore no relief be granted. 6. The perusal of the record shows that the alleged incident took place on 17th February 2026. The victim in her statement recorded under Section 183 of the BNS by the learned JMFC has stated in the Court that she was having love affair with Accused No.1 and that for two years, she was staying at the place of her Page 5 PPN 16.ABA-1643.26.DOC maternal uncle and about six months back, her marriage was fixed with somebody else by her family. She has further stated that she has informed all her relatives that she is in love with Accused No.1 and in fact on two or three occasions, she has decided to run away with Accused No.1 but she could not get an opportunity. She has stated before the Court under Section 183 statement that on 17th February 2026, she ran away with the Accused No.1 and the same was done by her own free will. 7. It is significant to note that the learned JMFC recorded the statement of the victim under Section 183 of the BNSS on 20 February 2026 and immediately by order dated 20 February 2026, she has been sent to the Government Shelter Home at Mundwa, Pune. When she was in the shelter home, again her statement was recorded by the Police on 22 February 2026 and in the said statement she has stated that the relationship between her family and the family of Accused No.1 was cordial and in fact, her brother is best friend of Accused No.1 and both of them used to celebrate each others birth day. She again reiterated that she is having love affair with Accused No.1 and she would be marrying with Accused No.1. Page 6 PPN 16.ABA-1643.26.DOC 8. It is significant to note that total eight statements of the victim were recorded in which no allegation is made against the accused and in her 9th statement recorded by police, she has implicated the Accused No.1 and other Accused. Thus, prima facie, there is substance in the contention of Mr. Chavan, learned counsel appearing for the Applicant that false case is registered against the Applicant. In any case, the role attributed to the present Applicant is that the Applicant has videographed the statement of the victim wherein she has stated that she is in relationship with the Accused No. 1. Mr. Chavan, learned counsel submits that the Applicant will completely cooperate with the investigation. 9. Accordingly, case is made out for grant of anticipatory bail by following conditions :- O R D E R (a) In the event of arrest of the Applicant in connection with C.R. No.36 of 2026 registered with the Bhigwan Police Station, District Pune, the Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs.30,000/- with one or two solvent sureties Page 7 PPN 16.ABA-1643.26.DOC each in the like amount. (b) The Applicant shall attend the concerned Police Station on 31st August 2026 and 1st September 2026 between 11:00 a.m. to 02:00 p.m. and thereafter, as and when called. (c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. (f) The Applicant shall not leave India without prior permission of the Court. (g) The Applicant shall cooperate with the Investigating Page 8 PPN 16.ABA-1643.26.DOC Officer and attend the concerned police station as and when called by the Investigating Officer. 10. The observations made in this order are only for the purpose for considering the anticipatory bail application. 11. Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 9 PPN