19. BA-3180-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3180 OF 2026 AjajAhmed Shaikh .. Applicant Versus State of Maharashtra & Anr. .. Respondents ....................  Mr. Sangharsh Shakya a/w Mr. Shaikh Feroz, Advocates for Applicant  Ms. Rajeshree V. Newton, APP for State  Mr. Faizan Ansari, Advocate for Respondent No. 2  Mr. Ashok Khade, PSI, Khadak Police Station, Pune City ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 29, 2026 P. C. : 1. Heard Mr. Shakya a/w Mr. Shaikh, learned Advocates for Applicant; Ms. Newton, learned APP for State and Mr. Ansari, learned Advocate for Respondent No. 2. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 571 of 2025 registered with Khadak Police Station, Pune City arising for the offences punishable under Sections 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short "JJ Act"). 1 of 6 19. BA-3180-26.odt 3. The dichotomy in the statement of the first witness who is the Counselor of the school in which Respondent No. 2 - victim is staying is prima facie evident when her statement appended at page No. 40 of the Application is perused. School Counselor is the complainant. Applicant is the father of 6 year old victim. 4. Prosecution case stems from the fact that victim did not attend the school for 15 days during the first three weeks of November 2025 i.e. Diwali period and when he returned back to the school, there were certain burn marks on his hands which were questioned by the School teachers and after which he was referred to the School Counselor. The School Counselor interacted with Respondent No. 2 victim during which he had categorically answered that they had gone to their village during Diwali holidays and while burning the firecrackers, he had on several occasions accidentally burnt his hands and fingers with Agarbatti. The School Counselor's statement consists of some uncomfortable questions which the victim had to answer. Incidentally in the statement of the Counselor alluded to herein above, every question that she has asked and the answer given by the victim is reproduced by her. Prima facie, it is seen that the victim was able to respond to the questions put to him by the Counselor. Why I say this is because when the victim's statement is recorded by prosecution officer in the presence of independent Counselors from Muskan Foundation 2 of 6 19. BA-3180-26.odt and K.C. Thackeray Vidyaniketan, answer to question No. 6 is given by an English word which prima facie cannot be to the knowledge of a 5 year old boy. 5. Respondent No. 2 - legal guardian and wife of Applicant and mother of the victim is duly represented by Mr. Ansari, learned Advocate. He has drawn my attention to the aforesaid dichotomy noticed by the Court in the course of his submissions and would in fact submit that he has instructions to support the case of the Applicant. Mr. Ansari would submit that the Applicant who is the husband of Respondent No. 2 runs a small Pan Shop. He would submit that he has specific instructions from Respondent No. 2 to submit that notwithstanding the marital discord which prima facie is known to everybody, there is every possibility that the same may be one of the reasons for the School Counselor to have filed the complaint. He would submit that Respondent No. 2 was kept in the dark and not even informed about filing of the complaint which in normal course appears to be very strange since Respondent No. 2 is the mother of the victim child. This prima facie appears to be a very strong reason and circumstance to consider the Applicant's case for grant of bail. 6. Though this Court is conscious and aware of the fact that the victim in the present case is a 5 year old boy and the person indicted is his own father, but the Court has to consider every semblance of the 3 of 6 19. BA-3180-26.odt material which is prima facie placed before the Court and pass a reasoned order. Medico-legal examination papers of the victim are placed before me. I have perused the same. It appears to be inconclusive though it states that orifice penetration cannot be ruled out. It is rather the case of the victim himself in his statement that there is no such issue about penetration or otherwise. The dichotomy that arises is with regard to inconclusiveness of the medical report qua the precise complaint which has been filed by the School Counselor on the basis of one answer given by the victim child to the Counselor. The circumstances which are stated herein above prima facie persuade me to consider the Applicant's case for bail. There is absence of violence or injury which is prima facie evident altogether. The burn marks in any event are attributable to the injuries sustained during Diwali festival in November 2025. Credibility of the prosecution's evidence for them having alleged the incident to span from 01.09.2024 to 18.11.2025 is prima facie unbelievable and is not made out on the basis of the material placed before this Court. If it is essentially the prosecution case that the victim was abused, then it could be from the age of 3 & 1/2 year onwards That case is also not made out. In that view of the matter and for the prima facie reasons stated herein above, I am inclined to grant bail to the Applicant. 7. In view of the above the following order is passed:- 4 of 6 19. BA-3180-26.odt (i) Applicant is directed to be immediately released from prison in connection with C.R. No. 571 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Khadak Police Station, Pune City once every month on the first Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence with any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / 5 of 6 19. BA-3180-26.odt or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 8. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 9. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 6 of 6 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.29 15:01:59 +0530