MANOJ 906-BA-2458-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2458 OF 2026 Saifullah Tanveer Shaikh @ Saif …Applicant V/s. The State of Maharashtra& Anr. …Respondents Mr. Sahil D. Salvi a/w Mr. Sagar Y. Redkar, Mr. Narendra L. Kalpoth, Mr. Aditya I. Kothur & Mr. Sagar S. Patil, for the Applicant. Ms. Anagha Deshmukh, APP for the Respondent No.1-State. Ms. Tahera Qureshi, for the Respondent No.2-Victim. Mr. Mahesh Masurkar, API , Kapurbawdi Police Station, Thane City, present. CORAM: SHYAM C. CHANDAK, J. DATED : 3rd SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Applicant seeks his release on bail in connection with Cr.No.I-104-2026, registered with Kapurbawdi Police Station, Thane City for the offence punishable under Sections 64(1) and 308(2)of the Indian Penal Code, 1860 (“IPC”) and Sections 4, 6, 8 and 12 of the Protection of Children From Sexual Offences Act, 2012 “POCSO Act”, on the Report dated 6th March, 2026 filed by respondent No.2 (victim). 3. The prosecution case is that, in September 2024, the victim then aged 17 years and 5 months and the applicant were studying in the same college. Therefore, they got acquainted with each other and used to talk with each other on phone, Instagram and WhatsApp. Gradually love relationship developed between them. On 22nd September 2025, at about 2:00 p.m., the applicant visited WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.09.07 10:49:26 +0530 MANOJ 906-BA-2458-2026.DOC the victim’s place. On inquiry, applicant told her that he had come to give her party. However, the victim told him to come later as her family members were not present in the house. It is alleged that, thereafter, at the insistence of the applicant, they went to bedroom. Where, the applicant became physical with the victim, promising that he would marry her and thereafter, he committed sexual intercourse with her against her will. It is alleged that, thereafter, the applicant threatened the victim that if she complained against him, he would defame her by telling that she herself had invited him. It is alleged that, 15 days thereafter the applicant demanded the victim to share her obscene photo on Snapchat. At that time also he threatened as above and therefore, she shared her obscene photo. Further, the applicant repeatedly threatened the victim to make that photo viral and committed forcible sexual intercourse with her at her place. It is alleged that the applicant demanded money from the victim, stating that it was required for a police case, college admission, etc. He also demanded her gold ornaments by threatening to make her photo viral. It is alleged that, therefore, the victim carried some gold items to zaveri bazaar at the instance of the applicant. The applicant sold the same and took its proceeds. It is alleged that the applicant had also obtained the passwords of the victim’s social media accounts. It is alleged that on 2nd March, 2026, the applicant sent photos of them to the father of the victim. When her father contacted him, he deleted the said photos. Therefore, the victim filed the said report and accordingly, the present crime came to be registered and the applicant was arrested. On completion of the investigation, police submitted the charge-sheet. The trial Court declined to release the applicant on bail. Hence, this application. 4. Mr. Salvi, the learned counsel for the applicant submitted that, the investigation material including the WhatsApp chats MANOJ 906-BA-2458-2026.DOC exchanged between the applicant and the victim and the other facts and circumstances of the case clearly indicate that the relationship between the two was consensual. The age of the applicant and the victim fortifies the said fact. The allegation that the applicant had sent obscene photos to the father of the applicant is baseless as there is no evidence to that effect. The allegations of compelling the victim to sell the gold ornaments etc. are also false and not supported with the evidence. Therefore, the applicant deserves for bail. 5. In reply, Ms. Deshmukh, the learned APP and Ms. Qureshi, the learned counsel for the victim have vehemently submitted that the consent of the minor victim is immaterial in this case. Secondly, the victim was repeatedly raped by the applicant threatening to make her photo viral etc. Although, the victim wanted to end the relationship with the applicant, he was forcing her to continue the same. Since the applicant used to threaten the victim as above, therefore, the victim could not file the Report promptly and sold the gold ornaments as told by the applicant. Therefore, there is a prima facie case against the applicant of having committed the alleged offence and he is not entitled for bail. 6. I have considered these submissions. The FIR itself indicates that, there was love relationship between the victim and the applicant. The said fact is also evident from the text messages and the images they posted/exchanged with each other. Admittedly, all the time, the victim was allegedly subjected to sexual intercourse at her place. However, at no point of time, she complained to her relatives. It is not pointed that certain obscene photo of the victim was recovered from her mobile phone or from the mobile phone of the applicant. Therefore, and having regard to the adolescent age of MANOJ 906-BA-2458-2026.DOC the victim and the applicant, it appears that, the physical relationship between the two was consensual. There is no evidence as to which photos the applicant had sent to the father of the victim. There is no sufficient material showing that the applicant had sold the gold ornaments given by the victim and he retained its proceeds. From the material on record, it appears that, since the father of the victim got to know about her relationship with the applicant, the relationship between the two became sour. Therefore, the victim wanted to discontinue the relationship. However, the applicant was forcing her not to discontinue their relationship.Consequently, the victim filed the Report. 7. Be that as it may. The applicant was just aged 19 years. He was studying in college. The applicant is in jail for last six months. Yet, the charge is not framed. Therefore, the trial is not likely to commence and be completed in the near future. The applicant is not able to continue his studies and his career is also getting affected due to his incarceration. The jail conditions must be affecting his mental and physical growth. 8. In the wake of above, the applicant is entitled for bail. Hence, following Order:- (i) Applicant – Saifullah Tanveer Shaikh @ Saif shall be released on bail in connection with Cr.No.I-104-2026, registered with Kapurbawdi Police Station, Thane City, on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at Kapurbawdi Police Station, Thane City on the 1st day of a calendar month, between 12:00 noon to 4:00 p.m., every four moths, till the conclusion of the trial. Page 4 of 5 MANOJ 906-BA-2458-2026.DOC (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court. (iv) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witness to prevent them from deposing against him. (v) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigation Officer and shall keep him updated, in case there is any change. (vi) The applicant shall not enter in Marol and Kapurbawdi Police Station jurisdiction. (vii) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (viii) In case of breach of any of the conditions, the Respondent-State will be at liberty to approach the trial Court for cancellation of the bail. (ix) It is clarified that any observation made in the present order are for the purpose of deciding the present Bail Application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case. 9. Application stands disposed of in the aforesaid terms. (SHYAM C. CHANDAK, J.)