HC grants bail to man accused in harassment, kidnapping, and rape case

Bombay HC grants bail to Motim Shaikh accused in Mumbai woman's harassment & rape case due to lack of direct evidence, stringent conditions imposed.

Mumbai: The Bombay high court (HC) recently granted bail to Motim, also known as Mutim Estakhar Shaikh, who was allegedly implicated in a case involving the harassment, kidnapping, and rape of a Mumbai woman. Despite the serious nature of the allegations, the court found insufficient evidence of Shaikh’s direct involvement in the sexual assault, leading to his release on bail.

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The victim’s ordeal began in November 2021 when she started receiving obscene messages and persistent phone calls from an unknown number. This harassment was later traced back to the main accused, Kalim Sheikh, and it escalated when the victim’s husband discovered a lewd message from Sheikh on October 28, 2021. This led to a heated argument and threats of divorce from her husband.

Even after changing her SIM card on November 3, 2021, the victim continued to receive harassing calls from Kalim Sheikh on her new number. Initially, she avoided responding, but Sheikh’s persistent messages and threats, including those targeting her husband and daughter, intensified her distress.

On January 24, 2022, while travelling from Prayagraj, Uttar Pradesh to Mumbai with her four-year-old daughter by train, the situation took a terrifying turn. As the train reached Jabalpur station at midnight, another accused, Hussain Sheikh, who is Kalim Sheikh’s brother-in-law, forcibly took her mobile phone and coerced her to deboard the train under dire threats. He then took the victim and her daughter to Bihar, where they were allegedly confined in his house.

The victim was kept under the watch of Hussain Sheikh’s wife until February 12, 2022, when she was moved to Dhaka, Bihar, to the house of Shahaja Sheikh and her husband, Motim Shaikh, the man who was granted bail. Despite the victim’s repeated pleas for release, Motim Shaikh did not intervene.

On March 2, 2022, the victim was taken to Nepal, where Kalim Sheikh arrived the next day. In Nepal, Sheikh sexually harassed and raped the victim, recording the assault on his mobile phone. Desperate to return to Mumbai, the victim promised Sheikh she would come back in two months but her requests were ignored. Eventually, on March 6, 2022, she was abandoned at Bairgania Railway Station, where her husband was waiting. The family members of the accused had misled the husband by claiming the victim was lost in the market and they had provided her shelter.

Upon her return to Mumbai on March 16, 2022, the victim remained silent about the traumatic incident initially. However, the harassment continued as Kalim Sheikh and his sister repeatedly called her, uploaded her private photographs on social media and threatened to release more explicit content. The victim’s husband also received threatening calls on April 3, 2022.

Following these events, the victim lodged a complaint at the Dharavi Police Station in Mumbai, leading to a police investigation. Detailed investigations ensued, including witness statements and medical examinations, culminating in the filing of charges.

During the bail hearing, justice Prithviraj K Chavan noted the absence of evidence directly implicating Motim Shaikh in the sexual assault or the online harassment. His involvement was primarily providing shelter to the victims at the behest of Kalim Sheikh. Given the lack of direct evidence, the prolonged pre-trial detention, and the unlikelihood of a swift trial, the court granted bail to Motim Shaikh under stringent conditions.

Shaikh must execute a personal bond of ₹30,000, attend the CID office weekly, appear for all court dates post-charge framing, surrender his passport, and remain within the jurisdiction of the trial court.