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2026 DAILYLAW 8681 (BOM)

NAUSHAD AHMED SHAIKH v. STATE OF MAHARASHTRA AND ANR

ABA/2623/2026 · 2026-09-17

body2026

Judgment text

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907-ABA-2623-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2623 OF 2026 Naushad Ahmed Shaikh …Applicant Vs. 1. State of Maharashtra 2. XYZ …Respondents Mr.Mahendra Kawchale (through VC) a/w. Akansha Kawchale, for the Applicant. Ms. Savita M. Yadav, APP for the Respondent No.1-State. Sr. PI V.S. Dhumal, EOW, Pimpri Chinchwad, Pune. CORAM: MADHAV J. JAMDAR, J. DATE : 17th SEPTEMBER, 2026 P. C.: 1. The applicant by application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is seeking pre-arrest bail in connection with the First Information Report arising out of the complaint filed on 8th September 2026 lodged by Respondent No. 2 before Special Judge at Wadgaon Maval. 2. However, Ms. Yadav, learned APP points out that there are nine antecedents against the Applicant. The Applicant is in jail since 2024. Page 1 of 4 17th September, 2026 907-ABA-2623-2026.DOC skt 3. Ms. Yadav, learned APP states that an application seeking anticipatory bail application is filed directly in this Court without filing the same before the Sessions Court. 4. Learned APP also relies on the order dated 25th November 2025 passed by a Division Bench of this Court in Criminal Writ Petition No. 6057 of 2025 and connected matters wherein prayer is made that the Applicant-Naushad Ahmed Shaikh who is accused of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in distinct six crimes registered with Ravet Police Station, Pune and sought declaration that his arrest in connection with said six crimes be declared as illegal and liable to be quashed and set aside. 5. The division bench in said order dated 25th November 2025 has summarized the contents of all these FIR’s in paragraph 13 in following manner:- “ Reading of the distinct FIRs registered against the petitioner at the instance of the minor girls admitted in the institution would reflect the perversity in his behaviour and 17th September, 2026 907-ABA-2623-2026.DOC skt it is not on one or two occasions that he has indulged into this deplorable act, but it appears that his behaviour was consistent, as he was in a habit of furnishing objectionable material to young girls and attempted to imbibe in their mind that sex is necessary for over all development and he forcefully committed sexual intercourse with the girls. Further, he was holding the important post of the Director of the institute, there was a lot of hesitancy to complaint either to the parents or discuss the same amongst the girls themselves. However, once, a complaint was filed, the other girls came forward and lodged complaints.” Ms. Yadav, learned APP stated that the allegations in the compliant which are subject matter of this Application is also of similar nature. 6. The Division Bench of this Court has observed that the Petitioner being a highly educated person and occupying the post of Director of the Academy, is involved in very serious crime for the offences punishable under Sections 354, 354-D, 376 (2-D), 376 (2- 17th September, 2026 907-ABA-2623-2026.DOC skt N) of Indian Penal Code, 1860 and Section 4, 5, 6, 7, 8, 9, 10, 11, 12 of the POCSO Act. 7. Ms. Yadav, learned APP has pointed out the police record showing that there are multiple victims and most of the victims are minor. She states that the allegation is that the Applicant has video graphed the victims while he was sexually assaulting the victims and the Forensic Science Laboratory report about the said videos is positive. 8. Thus, in the facts and circumstances, no case is made out for grant of anticipatory bail. Accordingly, the anticipatory bail application is rejected. [MADHAV J. JAMDAR, J.] 17th September, 2026