MANOJ 915-BA-399-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.399 OF 2026 Mohd. Tanveer Mohd. Ataur Rehman Shah …Applicant V/s. The State of Maharashtra & Anr. …Respondents Ms. Nazneen Khatri a/w Adv. Jigeyasa Jain, for the Applicant. Ms. S. K. Gajare, APP for the Respondent No.1-State. Ms. Kanchan Pawar (appointed Advocate), for the Respondent No.2. Mr. Madhukar Laxman Moule, Shivaji Nagar Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 11th 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.608 of 2024, registered with Shivaji Nagar Police Station, Mumbai for the offence punishable under Section 74 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”), on report dated 26th August 2024, filed by the mother of the victim girl, who was then aged 7 years. 3. It is alleged that on 22nd August 2024, between 8.00 a.m. to 10.00 a.m. when the victim was attending an Arabic class in a Madrasa at Shivaji Nagar, Govandi, Mumbai, the applicant committed aggravated sexual assault on the victim. Therefore, the aforesaid crime came to be registered and the applicant came to be arrested. On completion of the investigation, police submitted the WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.09.16 16:08:13 +0530 MANOJ 915-BA-399-2026.DOC charge-sheet. The trial Court refused to release the applicant on bail. Hence, this application. 4. Ms. Khatri, the learned counsel for the applicant states that, the applicant is in jail from the date of his arrest. The trial has commenced and testimony of the mother of the victim is recorded. She states that, on the same day, the victim was present before the trial Court. However, the trial Court was busy in passing Judgment, therefore, the victim, through her mother, was requested to wait. Yet, the mother and the victim both went away. Since then, the victim is not attending despite efforts from the police. To substantiate these submissions, Ms.Khatri tendered the photocopies of the Roznamas (“X”) and urged to release the applicant on bail. 5. Ms.Gajare, the learned APP and Ms. Pawar, the learned appointed Advocate for Respondent No.2 have submitted that, although, the applicant was the teacher of the victim, he committed this offence, which is serious in nature and calls for rejection of bail. 6. I have considered these submissions. Earlier, the applicant had filed BA/1318/2025, which was allowed to be withdrawn with liberty to approach the trial Court after completion of the evidence of the victim and her mother, vide Order dated 21st August 2025. It appears that, the victim is non-cooperative, therefore, the trial is not progressing. Ms. Khatri stated that the trial Court has framed the charge of Section 74 BNS, punishable with maximum imprisonment of five years and fine. Additionally, charge of Sections 8 and 12 of the POCSO Act. The offence of Section 8 is punishable with minimum imprisonment of three years which may extend upto to five years and fine. The offence of Section 12 is punishable with lesser imprisonment. The applicant is in jail since MANOJ 915-BA-399-2026.DOC his arrest on 31st August, 2024, i.e., nearly for half of the said maximum punishment of five years. Ms. Gajare, the learned APP submitted that, considering the allegations, the charge of Section 9 POCSO Act may be attracted in this case, which is punishable under Section 10 with minimum imprisonment of five years which may extend upto to seven years and fine. Even in that case, the incarceration is almost 1/3rd of the maximum punishment of seven years. Be that as it may. Since the victim’s side is not cooperative, therefore, the liberty of the applicant cannot be curtailed, otherwise it will turn punitive. 7. As a result, I am inclined to allow this application. Hence, following Order:- (i) Applicant – Mohd. Tanveer Mohd. Ataur Rehman Shah shall be released on bail in connection with Cr.No.608 of 2024, registered with Shivaji Nagar Police Station, Mumbai, 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 Shivaji Nagar Police Station, Mumbai on the 1st day of each calendar month, between 12:00 noon to 4:00 p.m., till the conclusion of the trial. (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 MANOJ 915-BA-399-2026.DOC Investigation Officer and shall keep him updated, in case there is any change. (vi) 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. 8. Application stands disposed of in the aforesaid terms. (SHYAM C. CHANDAK, J.)