P.H. JAYANI 925 BA2978.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2978 OF 2026 Shaibaz Haidar Shaikh @ Haider …. Applicant V/s. The State of Maharashtra and anr. …Respondents Mr. A.A. Dubey a/w. Ms. Shehnaz Shaikh for the applicant. Mr. Tanveer Khan, APP for the Respondent No.1 – State. Mr. Ghadge, PSI, Meghwadi 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. The applicant seeks his release on bail in Cr.No.149/2025 registered with Meghwadi Police Station, Mumbai for the offence punishable under Sections 137 (2),87,64(1),65(1) of the Bharatiya Nyaya Sanhita (“BNS”), 2023 and Sections 4, 8 and 12 of The Protection of Children From Sexual Offences Act, 2012 (“POCSO Act”) on the Report dated 06.03.2025 filed by the Complainant. 3. The prosecution case is that, the informant is the father of the victim then aged 15 years and 9 months. Around March 2025, the applicant was proposed for his marriage with the victim. Since the victim was below 18 years of age, the family decided to get the two married once the victim turns 18 years of age. Meanwhile, the victim contacted the applicant on Instagram. It was followed by frequent telephonic calls between the two. The victim used to like the applicant. On 28.02.2025, the victim met with the applicant P.H. JAYANI 925 BA2978.2026.DOC when they went to the applicant’s friend, where, the two had physical relationship. Further, on 04.03.2025 the victim left home on the pretext of going to college, but, did not return. On 05.03.2025, the informant lodged a missing report. Later on, the victim and the applicant were found to the police. During investigation, police recorded the statement of the victim, therein, she revealed the aforesaid facts including that on 04.03.2025, she had called the applicant and then, the two eloped to Ajmer. Therefore, the applicant came to be arrested and, on completion of investigation, police submitted the charge-sheet. The trial Court declined to release the applicant on bail, once before charge-sheet and twice, after filing of the charge-sheet. Hence, this Application. 4. Mr. Khan, the learned APP opposed the application. He submitted that there is a prima facie case against the applicant of having committed this offence. Hence, bail may be refused. 5. However, considering the submissions made by Mr. Dubey, learned Advocate for the applicant and the material on record, it transpired that the applicant and the victim were in love relationship. The statement of the victim indicates that she only used to insist the applicant to meet her outside, frequently. She herself had told the applicant to elope together. Their physical relationship was consensual. It appears that since the victim and the applicant were young, they involved in physical relationship. Record revealed that, after one month of filing of the report, the victim died, but, it was due to consuming some poison by accident. The applicant is not blameable for her death. The investigation in the case is over. The trial of the offence would take time to conclude. The applicant is in jail since his arrest on 12/03/2025 and, in the facts, his further incarceration P.H. JAYANI 925 BA2978.2026.DOC will cause him physical and mental harassment, thus, would be punitive. 6. As a result, the applicant is entitled for bail. Hence, Order :- (i) The applicant – Shaibaz Haidar Shaikh @ Haider be released on bail in Cr.No.149/2025 registered with Meghwadi Police Station, Mumbai, on his executing a P.R. Bond in the sum of Rs.50,000/- with one or more sureties in the like amount. (ii) The applicant shall mark his attendance at Meghwadi Police Station, Mumbai on 1st day of a month, every three calender month, between 11:00 a.m. to 2:00 p.m., till conclusion of trial. (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court. (iv) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses 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 Investigating 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 P.H. JAYANI 925 BA2978.2026.DOC trial and also not be taken as an expression of opinion on merits of the case. 7. Bail Application stands disposed of in above terms. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.09.16 17:04:15 +0530