Mumbai, August 1, 2022 – Shakil Salim Ahmed Shaikh, accused of rape, cheating, and other offenses, has been granted bail by Additional Sessions Judge Madhuri M. Deshpande. The court cited the significant delay in filing the FIR, the consensual nature of the relationship, and the completion of the investigation as reasons for granting bail.

Shaikh was arrested in connection with C.R. No. 552/2022 registered at Nirmal Nagar Police Station, Mumbai. He was charged under Sections 376(2)(n) (rape), 313 (causing miscarriage without woman’s consent), 420 (cheating), 509 (word, gesture or act intended to insult the modesty of a woman), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), and¹ 506 (criminal intimidation) of the Indian Penal Code² (IPC).

Prosecution’s Case:

The complainant, Shahin Imran Ansari, alleged that Shaikh had repeatedly committed forcible sexual intercourse with her between August 2017 and December 2021. She further alleged that he had forcibly aborted her pregnancy, taken a large sum of money from her, and subjected her to physical and verbal abuse.

Defense Arguments:

Advocate Khalis Shaikh, representing the accused, argued that his client was innocent and falsely implicated. He pointed out the significant delay in filing the FIR, with the alleged incidents dating back to 2017. He asserted that the relationship between the complainant and the accused was consensual and that they had later broken up. He emphasized that his client was a permanent resident, had no criminal antecedents, and was willing to cooperate with the investigation.

Prosecution’s Stance:

APP Choudhary, representing the State, opposed the bail application, citing the seriousness of the offense and the possibility of the accused influencing witnesses. The prosecution also stated that the complainant’s statement under Section 164 of the CrPC was yet to be recorded and that the accused would not cooperate with the investigation.

Court’s Observations and Decision:

Judge Deshpande noted the following key points:

• Delay in FIR: The alleged incidents occurred between 2017 and 2021, but the FIR was filed on May 24, 2022, resulting in a substantial delay.
• Consensual Relationship: The complainant, a 33-year-old educated and working woman, had a prolonged relationship with the accused, suggesting a consensual nature.
• Investigation Completion: The investigation was nearly complete, and the prosecution had not sought further custody of the accused.
• Chargesheet Filed: The chargesheet in the case was already filed.
• Risk of Influence: While the prosecution expressed concerns about witness influence, the court deemed that this could be addressed through stringent bail conditions.

“Apprehension of the prosecution can be taken care of by imposing certain stringent conditions. The investigation is over and chargesheet is already filed. Therefore no purpose will be served by keeping the accused behind the bar. Trial will not commence soon,” Judge Deshpande stated in her order.

Conditions of Bail:

Shaikh was granted bail on the following conditions:

• He must execute a Personal Recognizance (PR) Bond of Rs. 30,000 with one or two solvent sureties of the like amount.
• He must not directly or indirectly influence any witnesses.
• He must not leave India without court permission.
• He must provide his permanent and temporary addresses and contact details to the court.
• He must not change his residential address without informing the investigating officer and the court.
• He must not communicate with the complainant personally or electronically until the trial concludes.
• He must not enter the vicinity where the complainant lives or works.
• Violation of any condition may result in bail cancellation.
• Bail to be furnished before the lower court.

Implications:

This decision highlights the court’s consideration of the delay in filing the FIR and the consensual nature of the relationship in sexual offense cases. The imposition of stringent conditions aims to balance the accused’s right to liberty with the need to protect the complainant and ensure a fair trial. The fact that the chargesheet was filed, and the investigation was complete played a large role in the court granting bail.