BA 122-2024
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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 122 OF 2024
(CNR NO. MHCC02-000834-2024)
Firoz Mohammad Khan
)
… Applicant/Accused
)
)
… Respondent
Versus
The State of Maharashtra
(Through Cuffe Parade Police Station)
Ld. Adv. Suhas Kharat for Applicant / Accused.
Ld. APP. Geeta Sharma for State / Respondent.
Ld. Adv. Manish Wankhede for Intervener.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. N.S. SHAIKH (C.R. NO. 39)
DATED : 17.02.2024.
ORDER
The accused has preferred this application under the
provisions of Section 439 of Cr.P.C. in Crime No. 05 of 2024 registered
with Cuffe Parade Police Station under Section 376(2)(N) and 417 of
the IPC.
2.

As per the applicant / accused, the victim lodged complaint
on 05.01.2024 alleging that she is working in Film Industries, as an
Artist and have three daughters. Her youngest daughter committed
suicide and elder daughters have performed love marriage and left her.
After the suicide of her youngest daughter, she was under depression for
which, she was being treated in 2018. The accused is a Taxi Driver, who
used to drop the victim to her work. Therefore, the victim acquainted
with him. As the victim was alone, she was searching for Caretaker.
The accused offered to take care of victim and started attending her.

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3.

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As per the victim, the accused was staying at the house of
victim and at night, when the victim used to sleep after taking her
medicine, he was committing rape on her. When victim learnt about it,
the accused promised to marry with her.
4.

In July-2023, the victim learnt that accused is already
married and having children, but the accused told her that, he is going
to divorce his wife. However, he has not divorced to his wife and victim
learnt that he was staying with his wife also. On 10.12.2023, when the
accused tried to keep physical relation with the victim, she resisted and
had quarrel with accused. She driven out the accused from her house
and the complaint is filed.
5.

As per the accused, he was arrested on 05.01.2023 and
since 10.01.2024, he is in judicial custody. Accused contends that, he is
falsely implicated in the offence as the victim was aware of his marital
status. As per the accused, he was financially helping the victim and, on
his refusal, she has filed false complaint. As per the accused, he is sole
earner of his family and ready to abide the terms and conditions of bail,
if imposed on him.
6.

The prosecution resisted the application by filing Say at
Exh. 02. It is contended that the offence is serious in nature. The
accused and victim are residents of same vicinity and in case, accused is
released on bail, he will threaten the victim and tamper evidence.
Hence, the application is sought to be rejected.
7.

The victim also resisted the application by filing her Say at
Exh. 03. It is contended by the victim that she has filed an application
for adding Section 328 of IPC in this matter as accused was giving her
poisonous substance in medicine and in her subconscious state was
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having physical relations with her. The victim therefore, prays for
rejection of the application.
8.

Heard learned counsel for accused and intervener. Also
heard learned APP. Perused the copy of FIR and Remand Papers.
9.

Admittedly, since 10.01.2024, the accused is in judicial
custody. The medical examination of the accused is conducted. The
blood and forensic samples are sent for Chemical Analysis. Panchnamas
are performed and the statement of witnesses are also recorded as
submitted by the prosecution. Therefore, taking into consideration, the
reply of the prosecution, it is seen that there is no recovery or discovery
to be made at the hands of this accused, for which his custodial
interrogation would be required.
10.

Filing of Charge-sheet will take some time and in the
meanwhile nothing fruitful would be gained by keeping the accused
behind the bars. Hence, accused is entitled to be released on bail. The
apprehension of the prosecution can be taken care of by imposing
stringent conditions on the accused, while releasing him on bail.
Hence, I proceed to pass following order;
ORDER
1.

The Bail Application No. 122 of 2024 is hereby
allowed.
2.

The accused Firoz Mohammad Khan in CR No. 05 of
2024 registered with Cuffe Parade Police Station, he be
released on executing PR Bond of Rs. 25,000/-, with one of
more solvent surety of like amount.

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3.

The accused is directed to visit the concern Police
Station on 10th of every month between 4.00 and 6.00 pm
and to maintain the diary in that respect.
4.

The accused shall submit the proof of his residence,
Aadhar Card, Election card, if any.
5.

The accused shall not involve in any crime.

6.

The accused shall not tamper with the evidence of
prosecution.
7.

The accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of this case so as to disuade him / her from
disclosing such facts to the Court or to the police officers.
8.

The accused shall not contact the victim in any
manner.
9.

Breach of any condition will amount to cancellation
of bail forthwith.
10.

The Bail Application No. 122 of 2024 stands disposed
off.

Date :- 17.02.2024.
Dictated on
Transcribed on
Signed on
:
:
:
(N.S. SHAIKH)
Additional Sessions Judge
City Civil And Sessions Court
Greater Bombay.
17.02.2024.
20.02.2024.
20.02.2024.

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20.02.2024 at 5.58 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. N.S. SHAIKH
room No.)
(C.R. No. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 17.02.2024
JUDGMENT/ORDER signed by P.O. 20.02.2024
on
JUDGMENT/ORDER uploaded on
20.02.2024