909 ABA-2382-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2382 OF 2026 Abdul Qadir Shah @ Abdul Qadir Gulam Rasool Shah …Applicant Vs. 1. State of Maharashtra 2. XYZ …Respondents Mr. Saquib Khan, for the Applicant. Mr. S.V. Walve, APP for the Respondent-State. Mr. Samseer Siddique, for Respondent No.2-Intervener. API Sachin Powar, Panvel City Police Station. CORAM: MADHAV J. JAMDAR, J. DATE : 9th SEPTEMBER, 2026 P. C.: 1. Heard Mr. Khan, learned counsel appearing for the Applicant, Mr. Siddique, learned counsel appearing for the Respondent No.2 and Mr. Walve, learned APP appearing for the State. 2. By this application filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, the Applicant is seeking pre-arrest bail in connection with C.R. No. 475 of 2026 registered with Panvel City Police Station, Navi Mumbai, for the offences punishable under Sections 64(1), 69, 123 and 318(4) of the Bharatiya Nyaya Sanhita, 2023. Page 1 of 7 9th September, 2026 909 ABA-2382-2026.DOC skt 3. The prosecution case is set out in paragraph No. 2 of order dated 12th August 2026 passed by learned Special Judge, Panvel, Dist. Raigad in Criminal Bail Application No. 646 of 2026. The said paragraph No. 2 reads as under : “2 The case of the prosecution is that the complainant is of the age 30 years residing at Panvel. She was working previously as waiter at Vashi. Later on, she left the work. When she was working she came in contact with accused in April, 2025. Once in rainy season accused had taken complainant in his vehicle and left her at her place. Complainant gave her mobile number to accused. The complainant accused were in contact with each other. In August, 2025 at midnight 1:30 AM accused came to complainant house carrying Thumbs Up bottle with him. Accused gave Thumbs Up to complainant to drink. Complainant drank and was feeling uneasy. The accused took complainant near to him and had sex with complainant. The complainant could not oppose accused due to drink. On next day in the morning complainant got up. Accused was with her. Page 2 of 7 9th September, 2026 909 ABA-2382-2026.DOC skt The complainant was feeling uneasy and asked accused what he has done and what he has given in drink. Accused told complainant that not to take tension and she belongs to him and told that he will marry her and accused left the house. In September, 2025 complainant had gone her village in Kolkata due to Durga Pooja Festival. She did not got any period so she brought pregnancy kit and checked herself and found that she had become pregnant. The complainant informed this fact to the accused and accused said that not to worry and he will marry her. In October complainant came to Mumbai and asked accused about the marriage but accused was stating his problems. When accused was in complainant's house the accused was continuously receiving phone calls from other woman. The complainant picked up the phone and the other side woman said that she is wife of accused. At that time complainant came to know that accused is married. The complainant asked accused about the marriage at that time accused told complainant that he has wife and three children and 9th September, 2026 909 ABA-2382-2026.DOC skt accused also told that there will be divorce from his wife. The accused took complainant to the hospital for check up. On 18/05/2026 at hospital at Vashi there was delivery to complainant. At that time accused was with complainant and he had told the hospital authorities that he is husband. Girl was born to the complainant and due to birth of girl accused was unhappy. The accused told complainant that he already has three daughter and one more girl is born and started taunting to complainant. The complainant asked accused when he will marry at that time accused started abusing the complainant. The accused started avoiding the complainant. Thereafter, accused was away from complainant and was avoiding complainant phone call. On 06/07/2026 accused came to complainant's house and waited in the house. On next day in the morning accused started fighting with complainant due to girl baby. The complainant was working in the kitchen and she heard cry of her daughter and came out of the kitchen and saw that the accused was trying to 9th September, 2026 909 ABA-2382-2026.DOC skt put pillow on the mouth of the daughter of the complainant. The accused told complainant that she and her daughter had made his life miserable and left the house of the complainant. The accused had taken Rs. 12,00,000/- from complainant and cheated her. The complainant went to Panvel City police station and lodged FIR No.475/2026. The complainant went to Panvel City police station and lodged FIR No.475 of 2026.” 4. It is the submission of learned counsel appearing for the Applicant that the relationship between the Applicant and Respondent No. 2/First Informant is consensual relationship and there is a daughter out of the said relationship. He submits that the false F.I.R. is filed against the Applicant. He further submits that the Applicant will take care of the daughter as well as Respondent No. 2. He submits that although the Applicant is a married person, Respondent No. 2 kept consensual relationship with him. There are no antecedents against the Applicant. 5. Mr. Siddiquie, learned counsel appearing for Respondent No. 2, tenders an affidavit dated 20th August 2026. In the said affidavit, 9th September, 2026 909 ABA-2382-2026.DOC skt it is stated that Respondent No. 2 was aware that the Applicant was a married person and she kept the relationship with the Applicant with knowledge of his marital status. 6. Mr. Walve, learned APP opposes the application. 7. Perusal of the record prima facie shows that the relationship between the Applicant and the Respondent No.2/First Informant is consensual relationship. There are no other antecedents. Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed: O R D E R (a) In the event of arrest of the Applicant-Abdul Qadir Shah @ Abdul Qadir Gulam Rasool Shah in connection with C.R. No. 475 of 2026 registered with Panvel City Police Station, Navi Mumbai, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.10,000/-, with one or two solvent sureties each in the like amount. (b) The Applicant shall attend the concerned Police Station as and when called by the Investigating Officer. Page 6 of 7 9th September, 2026 909 ABA-2382-2026.DOC skt (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. 8. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] 9th September, 2026