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2025:BHC-AS:57064

1 5-ABA 1943-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.1943 OF 2025

Liyakat Rabbani Shaikh … Applicant

V/s.

State of Maharashtra & Anr. … Respondents

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Mr. Ashok Mundargi, Senior Advocate a/w Pravada Raut i/by Meghdeep

Oak for the Applicant.

Mr. B. V. Holambe Patil, APP for Respondent No.1-State.

Mr. Abhishek U. Arote a/w Aditya Singh i/by Padmsinh P. Patil for

Respondent No.2.

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CORAM : N.R. BORKAR, J.

DATE : 22ND DECEMBER 2025

P.C. :

1. This is an Application for anticipatory bail.

Digitally

signed by

MUGDHA

MUGDHA MANOJ

MANOJ PARANJAPE

PARANJAPEDate:

2025.12.23 2. The Applicant is apprehending his arrest in Crime No.247 of 2025

18:28:43

+0530

registered with Kalyan Taluka Police Station for the offences punishable

under Sections 123, 64(2)(m), 70, 115(2), 352, 351(2), 3(5) of the

Bharatiya Nyaya Sanhita, 2025.

3. The Applicant is Accused No.5 in the aforesaid crime. It is the case

of the prosecution that on 19^th March 2025, the victim left her house at

11.30 p.m. on account of a dispute with her grandmother. Thereafter, the

victim resided at the houses of Accused Nos.1 and 2 for ten days. Upon

conveying her desire to go back home, the victim was tricked by the other

co-accused and taken to a room in a chawl near NRC Company, Ambivali.

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It is alleged that Accused No. 1 injected a sedative substance in the

victim’s neck, which caused her to fall unconscious. On the next day upon

regaining consciousness, the victim realised that she was lying in a state of

disarray in the PWD Rest House room at Rambaug, Kalyan and at that

time the Applicant and other co-accused were present there. It is alleged

that the victim was repeatedly administered sedative injections in her

neck. It is further alleged that while the victim was intoxicated, the

Applicant committed forcible sexual intercourse with her multiple times.

Subsequently, Accused No. 7 threatened the victim with dire consequences

if she disclosed the incident to anyone and further told her to lodge a false

complaint against her grandmother. Accordingly, the Applicant and other

co-accused allegedly took the victim to the Titwala Police Station and

there she was made to lodge false complaint against her grandmother.

Thereafter, the victim was confined in the said chawl room, where it is

alleged that the other co-accused and an unknown person committed

forcible sexual intercourse with the victim while she was under the

influence of sedatives. It is alleged that from 25^th March 2025 to 03^rd May

2025, the victim was confined and subjected to forcible sexual intercourse

while she was under the influence of sedatives.

4. I have heard Learned Senior Counsel for the Applicant, Learned APP

for Respondent No.1-State and Learned Counsel for Respondent No.2-

victim.

5. Learned Senior Counsel for the Applicant submits that the present

crime was registered on 06^th March 2025 and subsequently on 12^th May

2025 the supplementary statement of the victim was recorded. It is

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submitted that there are major inconsistencies in the FIR lodged by the

victim and her supplementary statemenet with respect to the occurrence

of the alleged events. It is submitted that the time frame of the alleged

incidents narrated by the victim does not align with the date of the alleged

false complaint lodged by the victim against her grandmother. It is further

submitted that the medical evidence of the victim does not corroborate

with her version. It is submitted that the prosecution has deliberately not

collected crucial evidence such as the CCTV footages from the rest house,

chawl near NRC Company and residential building of Accused No.2. It is

submitted that during the relevant period the victim was active on

Instagram, which shows that she was in possession o