Mumbai, January 27, 2022 – Azhar Hanif Shaikh, accused of kidnapping a woman to compel her marriage, has been granted bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge G.B. Gurao allowed Shaikh’s bail application (Criminal Bail Application No. 94 of 2022), citing evidence suggesting a consensual relationship between the accused and the complainant.

Shaikh was arrested in connection with C.R. No. 3/2022, registered at Tilak Nagar Police Station, for offenses punishable under sections 366 (kidnapping, abducting or inducing woman to compel her marriage, etc.), 368 (wrongfully concealing or keeping in confinement, kidnapped or abducted person),¹ and 506(II) (criminal intimidation) of the Indian Penal Code (IPC).

Prosecution’s Case:

The complainant alleged that she and Shaikh became acquainted while she was helping her father at his medical shop. Shaikh professed his love and desire to marry her, but her parents disapproved. Despite her refusal, Shaikh allegedly harassed her. On December 31, 2021, while she was going to the bank, Shaikh allegedly forced her into a rickshaw and took her to Chembur railway station. He threatened to marry her and kill her if she raised an alarm. They then traveled to Panvel and Santacruz Airport. On January 1, 2022, she managed to escape from Shaikh at Andheri Railway Station when he went to the washroom.

Defense Arguments:

Shaikh’s advocate, Datta G. Hotkar, argued that his client was innocent and that there was a consensual love affair between Shaikh and the complainant. He presented photographs and WhatsApp chat logs to support his claim. He also stated that Shaikh had gifted the complainant an Apple mobile phone, indicating a relationship beyond mere acquaintance. Hotkar argued that the FIR did not contain the necessary ingredients to establish kidnapping or wrongful confinement. He emphasized that Shaikh was a student with a clean record and was willing to abide by any bail conditions.

Prosecution’s Objections:

The Additional Public Prosecutor (APP), Ramesh Siroya, argued that Shaikh had kidnapped the complainant and that releasing him on bail would allow him to pressurize the complainant and witnesses.

Court’s Decision:

Judge Gurao, after reviewing the application and the prosecution’s submissions, noted that the complainant and Shaikh had developed a friendship. He acknowledged that the complainant’s parents disapproved of the relationship and had warned both parties.

The court observed that the complainant and Shaikh had traveled together to Chembur Railway Station, Santacruz Airport, and Andheri Railway Station. The WhatsApp chat logs indicated an exchange of messages between them. The court also noted that the complainant was a major and had opportunities to raise an alarm while with Shaikh.

Judge Gurao concluded that, given the evidence suggesting a consensual relationship, the fact that Shaikh was a student with a clean record, and the completion of a significant part of the investigation, Shaikh was entitled to bail.

Conditions of Bail:

Judge Gurao granted Shaikh bail on the following conditions:

• He must execute a Personal Recognizance (P.R.) Bond of ₹20,000 with one or more sureties of the same amount.
• He must attend the concerned police station as and when reasonably required by the investigating officer until further orders.
• He must not pressurize the prosecution witnesses.
• He must not commit any offense while on bail.
• He must furnish his correct address to the investigating officer.
• He was granted provisional cash bail of ₹20,000 for four weeks.
• Bail must be furnished before the Learned Magistrate.

Significance of the Order:

This order highlights the court’s consideration of evidence suggesting a consensual relationship in cases involving allegations of kidnapping for marriage. The court’s decision to grant bail reflects its assessment of the available evidence and the circumstances of the case, while also emphasizing the importance of protecting the rights of the accused.