Mumbai, February 3, 2022 – Shamim Anisur Shaikh, a 26-year-old labourer, 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 February 2, 2022.

Shaikh was arrested in connection with C.R. No. 384/2021, registered at the Cuffe Parade Police Station, for offenses under Sections 376(2)(n) (rape by a person committing rape being a public servant or taking advantage of his official position) and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code (IPC).

Background and Allegations:

The complainant alleged that she came to Mumbai in search of work and became acquainted with Shaikh. They developed a romantic relationship, and on September 24, 2021, they began living together in a rented room. She alleged that Shaikh promised to marry her and then engaged in sexual relations with her. This continued daily until October 12, 2021, when they were asked to vacate the room. While at CST Railway Station, Shaikh allegedly left to get a water bottle and never returned. The complainant waited for him from 10:30 a.m. to 7:00 p.m. before filing a police report.

Arguments Presented:

Advocate Suhas M. Kharat, representing Shaikh, argued that his client had no romantic relationship with the complainant and never had sexual relations with her. He stated that Shaikh had financially assisted the complainant and realized their incompatibility. He claimed the complainant was trying to extort money and threatened to file a false rape case if he refused to marry her. He also argued that he wanted to send the complainant back to her village due to his own financial difficulties.

Additional Public Prosecutor (APP) Meera Choudhary-Bhosale opposed the bail, arguing that Shaikh might threaten the complainant and other witnesses. She also stated that Shaikh had a permanent residence in West Bengal and not in Mumbai.

Court’s Reasoning and Decision:

Judge Agarwal noted that the charge sheet had been filed, indicating that the investigation was substantially complete. She observed that Shaikh had no prior criminal record and that the issue of whether the complainant’s consent was fraudulently obtained was a matter for trial. The court found no reason to keep Shaikh in custody.

However, considering the prosecution’s concerns about Shaikh absconding, as he was found in Hyderabad and has a permanent residence in West Bengal, the court denied provisional cash bail.

Bail Conditions:

Shaikh was granted bail upon furnishing a personal bond and surety bond of Rs. 15,000. The following conditions were imposed:

• Shaikh must not threaten or cause injury to the complainant.
• He must not tamper with prosecution evidence.
• If he travels outside Mumbai, he must inform the investigating officer of his address and mobile number at the visiting location.
• He must not influence, threaten, or promise any witnesses.
• He must provide his mobile number, phone number, and all addresses (permanent, temporary, and postal) to the investigating officer and not change or discontinue the provided mobile number until the trial concludes.

Order Details:

The order was dictated, transcribed, and signed on February 2, 2022, and uploaded on February 3, 2022, at 1:15 p.m.

This decision reflects the court’s consideration of the completion of the investigation, the lack of a criminal record, and the imposition of conditions to ensure Shaikh’s compliance with the legal process and prevent witness tampering.