Mumbai, January 24, 2022 – Mohd. Ali Zakir Hussain Shaikh has been granted bail by the Sessions Court for Greater Mumbai in a case involving rape and cheating. Additional Sessions Judge Sonali P. Agarwal (Court Room No. 41) issued the order on January 21, 2022.

Shaikh was arrested in connection with C.R. No. 401 of 2021, registered at the Bhoiwada Police Station, for offenses under Sections 376 (rape) and 420 (cheating) of the Indian Penal Code (IPC).

Background and Allegations:

The prosecution alleged that Shaikh promised to marry the complainant, took Rs. 1,60,000 and four tolas of gold ornaments from her, and had sexual relations with her in a hotel. When the complainant asked about the marriage, Shaikh allegedly made excuses and eventually became unreachable.

Arguments Presented:

Advocate A.H. Pavaskar, representing Shaikh, argued that there was a five-month delay in filing the FIR, and the sexual relations were consensual. He claimed the marriage was delayed because the complainant couldn’t provide divorce papers from her previous marriage. He also denied receiving any gold ornaments. He emphasized that Shaikh is a permanent resident of Mumbai and the charge sheet had been filed.

Additional Public Prosecutor (ADPP) Meera Choudhary-Bhosale, representing the State, confirmed that the charge sheet had been filed.

Court’s Reasoning and Decision:

Judge Agarwal acknowledged the prosecution’s allegations and the defense’s counterarguments. She noted that the issue of whether the complainant’s consent was obtained fraudulently was a matter for trial.

The court also observed that the charge sheet had been filed, and the prosecution had not presented any evidence of Shaikh’s criminal antecedents. As Shaikh is a resident of Mumbai, the court concluded that his continued detention was unnecessary.

Bail Conditions:

Shaikh was granted bail upon furnishing a personal bond (PB) and surety bond (SB) of Rs. 15,000 with one or more sureties of the same amount. The following conditions were imposed:

• Shaikh must not threaten or cause injury to the complainant.
• He must not tamper with prosecution evidence.
• He must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
• He must provide his mobile number, phone number, and all addresses to the Investigating Officer and maintain the same mobile number throughout the trial.
• Shaikh was also granted provisional cash bail of Rs. 35,000 for a period of four weeks.

Order Details:

The order was dictated, transcribed, and signed on January 21, 2022. The certified copy was uploaded on January 24, 2022, at 12:15 p.m.

This decision reflects the court’s consideration of the filed charge sheet, the issue of consent, and the absence of criminal antecedents. The court also imposed conditions to ensure Shaikh’s compliance with the legal process.