Mumbai, Maharashtra – A Special Court for the Protection of Children from Sexual Offences (POCSO) Act, 2012, at Fort, Greater Bombay, has granted bail to Nizamuddin Pasamiya Shaikh, 25, who was accused of kidnapping and marrying a minor girl. The order, delivered by Special Judge Smt. Kalpana K. Patil on April 27, 2022, allowed Criminal Bail Application No. 696 of 2022.
Shaikh was arrested in connection with C.R. No. 126 of 2022, registered with Deonar Police Station, Mumbai, under Sections 363 (kidnapping) and 366 (kidnapping, abducting or inducing woman to compel her marriage, etc.) of the Indian Penal Code.
Background of the Case
According to the brief facts presented in court, the alleged victim left her home on February 18, 2022, stating she was going to the toilet and did not return. A missing person report was filed by her brother at Deonar Police Station. Subsequently, the informant received a birth certificate for the victim, showing her date of birth as December 16, 2004. Believing Nizamuddin Shaikh had kidnapped her, an FIR was filed against him on March 8, 2022.
On March 11, 2022, the victim herself approached Deonar Police Station. She stated to the police that Nizamuddin had “kidnapped” her to marry her. They reportedly performed a marriage ceremony in Bandra Court, then traveled to Alibaugh where they stayed in a hotel, and Nizamuddin allegedly had physical relations with her.
Arguments Presented
The applicant, Nizamuddin Pasamiya Shaikh, through his legal counsel, Ld. Advocate Mr. Akshay Kapadia, argued that he was falsely implicated. He contended that the victim’s family opposed their relationship, and the birth certificate indicating her minor status was “manipulated” and produced belatedly only after the complainant realized the couple had married and there was “no scope to implicate the applicant in any offence or to break down the relationship.” The defense also stated that Shaikh was ready to cooperate with the investigation and abide by any court-imposed conditions, adding that he had no prior criminal antecedents.
The prosecution, represented by Ld. SPP Sureeta Singh, opposed the bail application, submitting a formal “say” (Exh.2). They argued that the crime was serious, the accused had not cooperated with the investigation, and there were chances of him absconding or pressuring the informant and other prosecution witnesses if released on bail.
Court’s Deliberation and Decision
During the hearing, the court noted that despite sending notices to the informant and victim, they failed to appear to submit their statements regarding the bail application.
A key point raised during oral arguments by the defense was that the victim’s Aadhar Card showed her to be major when she left home, implying that she voluntarily accompanied and married the accused. The court observed from police papers that “most of the investigation is now completed.”
Crucially, the applicant submitted a declaration of marriage and a copy of the marriage certificate, both signed by him and the victim. The court’s order stated, “It appears from the record that applicant/accused has not applied any force on the victim girl for accompanying him or for performing marriage with him.”
Considering the marriage documents and the age of the victim as shown in her Aadhar Card, the court concluded that “accused performed marriage with the victim believing her to be major.” The court further acknowledged that keeping the 25-year-old accused behind bars until the conclusion of the trial would “vanish his future.”
Bail Conditions Imposed
Based on these considerations, the court allowed the bail application. Nizamuddin Pasamiya Shaikh has been released on bail upon furnishing a Personal Recognizance (P.R.) Bond of Rs. 15,000/- with one surety of the like amount.
The court imposed several conditions on his bail:
- He shall not tamper with prosecution witnesses.
- He shall not contact the victim by any mode.
- He shall not leave India without the permission of the court.
- He must furnish photocopies of his Aadhar Card and documents of his permanent and temporary residential address to both the court and the Investigating Officer within four weeks.
- He must provide written intimation to the Investigating Officer and the court whenever he changes his residential or temporary address.
- He must furnish, in writing, details including names and addresses of three blood relatives not mentioned in the FIR to both the court and the Investigating Officer within four weeks.
- Breach of any of these conditions will be grounds for cancellation of his bail.
The application stands disposed of accordingly.