Dismissed¶7

Firoz Ali Hasan Khan v. the State of Maharashtra and Anr.

Bombay HC10 Oct 2025BA/3874/2025

Case brief

AI extract

What is this about?

Bail application rejected - Bombay High Court, 10-10-2025, Dr. Neela Gokhale J. Firoz Ali Hasan Khan v. State of Maharashtra, Bail Application No. 3874 of 2025. Repeat/fresh bail application after Criminal Bail Application No. 2344 of 2025 dismissed on merits on 25-09-2025 when none appeared; no change in circumstances within 15 days; photographs of doctor Imran Khan's clinic opposite accused's shop; absence of independent witnesses corroborating Victim; gravity of offence; Mumbra Police Station; APP Ms Manisha R Tidke; Adv. Tohid Shaikh for Applicant.

What did the court decide?

The mere fact that the medical clinic opposite to the store of the Applicant was generally inhabited by people does not take away the gravity of the offence as allegedly committed by the Applicant; the Court was not impressed by that submission. ¶6

Firoz Ali Hasan Khan vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the Applicant is entitled to bail on the ground that a medical clinic of one Dr. Imran Khan stands exactly opposite the Applicant's shop and, being generally inhabited by people, renders it impossible that the alleged incident could have occurred without anybody knowing about it. +1 more

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Court's answer

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Ratio / Principle

Since the Court's earlier order dated 25 September 2025 in the previous bail application had dealt in detail with the grounds averred and the material on record, and since there is no change in circumstances merely 15 days later, the Court saw no reason to deviate from that order and rejected the present bail application.

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Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Dr. Neela Gokhale J., 10 October 2025, rejected Bail Application No. 3874 of 2025 filed by Firoz Ali Hasan Khan against the State of Maharashtra. This was a repeat application: his earlier Criminal Bail Application No. 2344 of 2025 had been dismissed on merits on 25 September 2025, on a date when none appeared for him. Counsel for the Applicant took out photographs showing a doctor's (Imran Khan) clinic exactly opposite the Applicant's shop, contending that the constant presence of people there made it impossible for the alleged incident to have gone unnoticed, and further urged that no independent witness corroborated the Victim's story. Rejecting these contentions, the Court held that the general habitation of the clinic opposite the Applicant's store did not take away the gravity of the offence alleged against him; observing that its earlier order had dealt with the grounds and material in detail and that there was no change in circumstances within 15 days, the Court saw no reason to deviate from it and dismissed the bail application.

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11-BA-3874-2025.DOC

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Shivgan

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 3874 of 2025

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Firoz Ali Hasan Khan ...Applicant Versus The State of Maharashtra and Anr. ...Respondents

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Mr. Tohid Shaikh , i/b Anjali Patil, for the Applicant. Ms Manisha R Tidke , APP for the State-Respondent. Mr R A Pakhare , PSI attached to Mumbra Police Station, present.

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CORAM Dr. Neela Gokhale, J. DATED: 10^th October 2025

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PC:-

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1. At the very outset, Mr. Tohid Shaikh, learned Advocate

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appearing for the Applicant, has brought to my attention order dated 25^th September 2025 passed by this Court in Criminal Bail Application No.2344 of 2025 of the present Applicant himself.

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2. On that date, i.e., on 25^th September 2025, none

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appeared for the Applicant. The matter was heard and

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Page 1 of 3 10^th October 2025

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11-BA-3874-2025.DOC

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dismissed on merits. Hence, he has filed the present Bail Application for the relief as prayed.

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3. Mr. Tohid Shaikh, learned counsel appearing for the Applicant, submits that since none appeared for the Applicant, he was unable to bring to the notice of this Court certain photographs. The said photographs are taken on record. By way of these photographs, he seeks to indicate that there is a medical clinic of one doctor namely, Imran Khan, which is exactly opposite to the shop of the Applicant. He submits that since there are always people in the clinic, it is not possible that the incident as alleged, could have happened without anybody knowing about it. On this ground, he says that the Applicant be released on bail.

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4. He further submits that there is no independent witness, who has given statement corroborating the story of the Victim. On these two grounds, in addition to those averred in the Application, Mr. Shaikh, learned counsel, prays that the Applicant be enlarged on bail.

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Page 2 of 3 10^th October 2025

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11-BA-3874-2025.DOC

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5. I have considered the factual matrix as well as the

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material on record.

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6. Only because the medical clinic opposite to the store of the Applicant was generally inhabited by the people, does not take away gravity of the offence as allegedly committed by the Applicant. I am not impressed by the said submissions. In the order dated 25^th September 2025 passed in the earlier Bail Application, this Court had dealt with the grounds averred in the application as well as the material on record in detail. I see no reason to deviate from the said order, passed only 15 days earlier, as there is no change in the circumstances.

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7. The Bail Application is accordingly, rejected.

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(Dr. Neela Gokhale, J)

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Digitally signed by SHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN SHIVGAN Date: 2025.10.10 19:40:14 +0530

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Page 3 of 3 10^th October 2025

Firoz Ali Hasan Khan v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Firoz Ali Hasan Khan v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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