Mumbai, February 20, 2024: In a significant ruling, the City Civil and Sessions Court of Greater Bombay has granted bail to Firoz Mohammad Khan, a taxi driver accused in a sexual assault case. The order was issued by Additional Sessions Judge Smt. N.S. Shaikh (C.R. No. 39) in Bail Application No. 122 of 2024 on February 17, 2024. The accused was released on a personal bond of Rs. 25,000 with one or more solvent sureties of the same amount.
Background of the Case
The case dates back to January 5, 2024, when the victim, a film industry artist, lodged a complaint at the Cuffe Parade Police Station. The accused, Firoz Mohammad Khan, was charged under Sections 376(2)(N) (repeated rape) and 417 (cheating) of the Indian Penal Code (IPC). According to the victim, she had been acquainted with Khan, who frequently transported her in his taxi. After the tragic suicide of her youngest daughter, she was under medical treatment and reportedly sought a caretaker. Khan allegedly offered to assist her and began staying at her residence.
The victim claimed that while she was under the influence of medication at night, Khan engaged in non-consensual sexual relations with her. When she confronted him, he allegedly promised to marry her. However, in July 2023, she discovered that Khan was already married with children. Despite his assurance that he would divorce his wife, the victim later realized that he continued to live with her. A confrontation ensued on December 10, 2023, when Khan allegedly attempted to force himself on the victim again, leading to a quarrel and his expulsion from her house. The complaint was subsequently filed.
Defense and Prosecution Arguments
The accused, who was arrested on January 5, 2024, and had been in judicial custody since January 10, 2024, filed for bail, asserting that he was falsely implicated. His counsel, Advocate Suhas Kharat, argued that the victim was aware of his marital status and that she had filed the complaint out of financial disputes. He also highlighted that Khan was the sole breadwinner for his family and expressed willingness to comply with any bail conditions imposed by the court.
The prosecution, represented by Learned Additional Public Prosecutor Geeta Sharma, opposed the bail application, emphasizing the severity of the offense and the potential risk of Khan threatening the victim or tampering with evidence. Similarly, the victim, through her legal representative, Advocate Manish Wankhede, filed an intervention application, asserting that Khan had been administering a poisonous substance in her medication to render her semi-conscious before engaging in sexual activities. She sought the addition of Section 328 (causing harm by means of poison) to the charges against Khan.
Court’s Ruling and Conditions for Bail
After considering the arguments, the court noted that Khan had already spent over a month in judicial custody, during which key procedural steps, such as medical examination and forensic sample collection, had been completed. The judge observed that custodial interrogation was no longer necessary and that keeping Khan in detention until the filing of the charge sheet would not yield further investigative benefits.
Granting bail, the court imposed several stringent conditions to address the prosecution’s concerns:
- Khan must execute a PR bond of Rs. 25,000 with one or more solvent sureties of the same amount.
- He must visit the concerned police station on the 10th of every month between 4:00 PM and 6:00 PM and maintain a diary documenting his visits.
- He must submit proof of residence, such as an Aadhaar Card or Voter ID.
- He is prohibited from engaging in any criminal activity.
- He must not tamper with prosecution evidence.
- He must not make any direct or indirect contact with the victim.
- Any breach of these conditions would result in immediate bail cancellation.
Legal and Social Implications
The case has sparked discussions on the complexities of sexual assault allegations, especially when intertwined with personal relationships and financial dependencies. Legal experts note that while bail does not imply innocence, it reflects the court’s assessment that pre-trial detention is unnecessary in the given circumstances.
Women’s rights activists, however, have raised concerns over the challenges victims face in proving allegations, particularly in cases where the accused claims consensual involvement. The victim’s request to add Section 328 of the IPC suggests that further investigation into the alleged drugging incident may continue.
Next Steps in the Legal Proceedings
With Khan released on bail, the case will proceed as the police continue their investigation. The charge sheet, which will contain the final findings of the authorities, is expected to be filed in the coming weeks. Whether additional charges will be added remains to be seen. Meanwhile, the victim’s legal team is likely to pursue further legal remedies to ensure a fair trial.
The court’s order serves as a reminder of the balance between protecting the rights of the accused and ensuring justice for the victim. As the case unfolds, it will continue to be closely watched by legal professionals and social activists alike.