Mumbai, September 5, 2022 – Mukhtar Mustaq Shaikh has been granted anticipatory bail by the Sessions Court in Mumbai in connection with a case of rape and domestic violence. Shaikh was facing arrest in connection with Crime No. 503/2022, registered at Chembur Police Station, for offenses under Sections 376 (rape), 377 (unnatural offenses), 498-A (cruelty by husband or relatives), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation)¹ read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code² (IPC).

The Allegations

According to the complainant, she and Shaikh were childhood acquaintances whose friendship turned into a love affair. She alleged that Shaikh compelled her to have physical relations, capturing photos and videos. They later married, but did not live together, with the complainant remaining at her parents’ home. She further alleged that Shaikh continued to have physical relations, including oral sex, and captured more videos and photos. She also accused him of giving her pills to terminate a pregnancy. The complainant stated that Shaikh’s sister pressured him to leave her, and that Shaikh obtained her signature on divorce papers. On June 19, 2022, she alleged that Shaikh’s mother, brother, and two other women came to her workplace and assaulted her, asking her to leave Shaikh. Subsequently, Shaikh and his family took her to Chembur Police Station, stating they had divorced and her custody should be given to her parents.

Shaikh’s Defense and Arguments

Advocate Manish Gaikwar, representing Shaikh, argued that his client was falsely implicated. He stated that the complainant had a love affair with Shaikh and that the serious allegations were fabricated to harass him. He emphasized that Shaikh was a permanent resident of Mumbai, that the investigation was nearly complete, and that he was the sole earning member of his family. He expressed Shaikh’s willingness to abide by any conditions imposed by the court.

Prosecution’s Objections

Additional Public Prosecutor (APP) Kalpana Hire opposed the anticipatory bail application, arguing that the offense was serious, the investigation was ongoing, and that granting bail would allow Shaikh to threaten the complainant and witnesses and hinder the investigation.

Court’s Observations and Decision

Additional Sessions Judge A.B. Sharma considered the submissions and the documents on record, including the case diary. The court noted that the complainant was Shaikh’s wife and that the dispute arose due to his family’s refusal to accept her. The court also observed that the material investigation was complete and that Shaikh’s longer detention was not required.

“The Say filed by the prosecution indicates that the informant is wife of the accused and the family members of the accused are not ready to accept her. Therefore, the dispute arose between them. He is behind the bar since his arrest. It is seen that the material investigation in respect of the accused is completed. So, his longer detention is not required for the purpose of the investigation. Considering the nature of the offence, I am of the view that the accused is entitled for bail subject to certain conditions,” Judge Sharma stated in the order.

The court decided to grant anticipatory bail subject to stringent conditions.

Bail Conditions

Shaikh was granted anticipatory bail on a personal bond of Rs. 25,000 with one or more solvent sureties of the same amount. The court imposed the following conditions:

• Shaikh must visit Chembur Police Station every Thursday between 2:00 p.m. and 6:00 p.m. and maintain a diary of his visits until the conclusion of the trial.
• He must not leave India without prior permission from the court.
• He must submit proof of his residential address, phone number, Aadhaar Card, and Election Card (if any).
• He must not involve in any crime, failing which his bail may be canceled.
• He must not tamper with prosecution evidence or witnesses.
• He must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
• He must regularly attend court hearings.
• He must not visit the place where prosecution witnesses reside or contact them.
• The prosecution is at liberty to file for cancellation of bail in case of violation of conditions.
• Provisional cash bail is allowed for eight weeks.

Key Points

• Material Investigation Complete: The court noted that the material investigation was complete.
• Family Dispute: The court acknowledged the family dispute as the root cause of the issue.
• Stringent Conditions: The court imposed stringent conditions to address the prosecution’s concerns about witness tampering and flight risk.
• Rape and Domestic Violence: The case involved serious allegations of rape and domestic violence.
• Marriage Dispute: The case stems from a dispute within a marital relationship.