Mumbai, February 22, 2022 – The Sessions Court for Greater Mumbai has denied bail to Akmal Anwar Sidiqque, accused of raping his stepdaughter. Additional Sessions Judge Sonali P. Agarwal, presiding over Court Room No. 41, rejected Sidiqque’s bail application (Criminal Bail Application No. 214 of 2022), citing the seriousness of the offense and his relationship to the victim.

Sidiqque was arrested in connection with C.R. No. 778/2021, registered at Parksite Police Station, for offenses under sections 354(A) (sexual harassment) and 376(2)(n)(f) (rape by a person in a position of authority or a person in a fiduciary relationship) of the Indian Penal Code (IPC).

The Allegations and FIR:

According to the prosecution, Sidiqque, the step-father of the complainant, allegedly raped her in September 2021. Due to fear and shame, she did not report the incident. He allegedly raped her again in the same month and forced her to perform oral sex. The complainant’s brother later discovered a video of sexual relations between her and Sidiqque on his phone, leading to the filing of the FIR.

Defense Arguments:

Sidiqque, through his advocate Mr. Wahab Shaikh, claimed that he and the complainant had a consensual love relationship. He emphasized that he had no criminal antecedents and requested to be released on bail.

Prosecution’s Objections:

The prosecution, represented by APP Mrs. Meera Choudhary-Bhosale, opposed the bail application. They argued that Sidiqque, as the complainant’s step-father, was in a position of trust and that his release would pose a risk of him repeating the offense. They also pointed out that he had absconded to Uttar Pradesh after the alleged crime and argued that his release would increase the risk of him absconding again.

Court’s Analysis and Decision:

Judge Agarwal, after reviewing the record and hearing arguments, made the following observations:

• Relationship of Parties: The court acknowledged the prosecution’s claim that Sidiqque was the complainant’s step-father, a crucial factor in the context of the alleged offenses.
• Seriousness of Offense: The court emphasized the seriousness of the allegations, including rape and the creation of a video of sexual relations.
• Absconding: The court noted that Sidiqque had absconded to Uttar Pradesh after the alleged crime, indicating a potential flight risk.
• Potential for Intimidation: The court expressed concern that Sidiqque’s release could lead to him threatening the complainant and other witnesses.
• Case Law Inapplicability: The court distinguished the cited case laws, stating that they were not applicable at this stage of the proceedings, particularly since evidence had not yet been recorded.
• Contradictory Statements: The court noted the defense’s attempt to deny the step-father relationship, which contradicted witness statements and was considered unreliable.

Judge Agarwal concluded that there were no reasonable grounds to grant bail, considering the seriousness of the offense and the potential risks involved.

Order:

The court rejected Sidiqque’s bail application.

Significance of the Order:

This order highlights the court’s emphasis on:

• The seriousness of sexual offenses, particularly those involving familial relationships.
• The importance of considering the potential for witness intimidation and flight risk.
• The court’s reluctance to grant bail in cases involving serious allegations and potential risks to the victim.
• The court will look at the facts of each case, and not rely on case law if the facts of the case are not similar.

This ruling demonstrates the court’s approach in balancing the rights of the accused with the safety and well-being of the victim, particularly in cases involving sensitive and serious allegations.