HC grants bail to accused in Pushpak Express robbery and assault

Bombay High Court grants bail to Arshad Ali Shaikh in Pushpak Express robbery and assault case. Conditions include a ₹30,000 bond and regular reporting.

Mumbai: The Bombay high court recently granted bail to Arshad Ali Chhotehussain Shaikh, one of the accused in a case involving robbery and sexual assault aboard the Pushpak Express.

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According to the order given by Justice NJ Jamadar, Shaikh was released after furnishing a personal recognizance bond of ₹30,000 and one or two sureties of the same amount. The incident occurred on October 8, 2021, between Igatpuri and Kasara railway stations, where passengers were subjected to a terrifying ordeal at the hands of armed assailants.

During the incident, a group of robbers armed with knives, blades, and iron fighters targeted passengers aboard Bogie No D2 of the Pushpak Express en route to Mumbai. Among the victims were a married couple occupying seat numbers 54-55, who resisted the robbery attempt. However, their resistance led to the husband being assaulted, while two of the assailants, identified as Prakash alias Pakya and Rahul alias Rahulya, allegedly sexually assaulted the wife in the presence of other passengers.

Later, Shaikh, emerged from the train’s toilet wearing a saffron T-shirt with full sleeves. Suspicions arose among fellow passengers, leading to Shaikh’s arrest upon the train’s arrival at Kasara Railway Station. Shaikh was detained, assaulted, and subsequently handed over to the Kalyan police.

In the subsequent legal proceedings, Shaikh’s counsel argued that he was wrongly implicated as a member of the robbery gang solely on suspicion. The defence pointed out discrepancies in witness statements and CCTV footage, highlighting that Shaikh was not seen boarding the train with the other perpetrators. Furthermore, no stolen property was found in his possession, and he was not implicated in the sexual assault.

Considering these arguments, the high court concluded that a prima facie case for bail was established. Shaikh, who had been in custody since October 9, 2021, was granted bail under specific conditions, including the provision of a personal recognizance bond and regular reporting to the Kalyan Railway Station. While granting bail, the court clarified that its observations should not be construed as an expression of Shaikh’s guilt or innocence. The trial court will independently evaluate the evidence presented during the proceedings.