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Bombay High Court
Faizal Shehzad Khan vs State Of Maharashtra And Anr on 18 March, 2026
2026:BHC-AS:13473 1-BA-3953-2025.DOC
Shivgan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3953 OF 2025
Faizal Shehzad Khan ...Applicant
Versus
State of Maharashtra & Anr. ...Respondents
Mr. Piyush S. Chhabria, for the Applicant.
Ms. Sangeeta D. Shinde, APP for the Respondent-State.
Mr. Komal Sinha, for the Respondent No.2.
Mr. Jayendra Bhoyar, API attached to Tilak Nagar Police Station,
Dombivali, present.
CORAM: R. M. JOSHI, J.
DATED: 18th MARCH, 2026.
PC:-
1. The Applicant is seeking regular bail in connection with
Crime No.0258 of 2025 dated 9th April 2025 registered with Tilak
Nagar (Dombivali) Police Station, Thane City, for offences
punishable under Sections 64(2)(j) and 64(2)(k) of the Bharatiya
Nyaya Sanhita, 2023 ('BNS').
2. It is the case of the prosecution that a major Victim with
mental retardation was subjected to sexual assault on 6 th April
2025. On the basis of statement made by her to her mother, it was
learnt that she was abused by an auto-rickshaw driver by taking
her to the spot of the incident. She also narrated the specific acts
done with her by the perpetrator. On the basis of the report, the
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offence came to be registered against unknown person. The
Applicant was arrested on 9th April 2025. On conclusion of
investigation, charge-sheet came to be filed on 24th May 2025.
3. Learned counsel for the Applicant submits that the
Informant has not given description of the perpetrator of the crime
in question and there was absolutely no evidence in order to arrest
the present Applicant in the crime in question. He drew attention
of the Court to the charge-sheet, which according to him, indicates
that even in the CCTV footage, the registration number of the auto-
rickshaw was not seen nor the driver could be noticed. According
to him, in the charge-sheet, there is no evidence in order to accept
the complicity of the Applicant in the crime.
4. In response to the said submissions, the learned APP drew
attention of the Court to the identification parade conducted on
25th June 2025 wherein the Applicant is stated to have been
identified by the Victim. It is submitted that having regard to the
nature of offence, this is not a fit case for grant of bail.
5. Learned counsel for the Victim also opposed the Application.
It is her contention that there is sufficient evidence in the form of
identification parade to accept the involvement of the Applicant in
the serious crime. Learned counsel for the Victim submits in case,
the bail is granted to the Applicant, he is likely to pressurize the
Victim, who is mentally challenged lady so also, the other
witnesses.
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6. In response to this, learned counsel for the Applicant, on
instructions, makes a statement that the Applicant will not enter
jurisdiction of the Tilak Nagar Police Station.
7. Perusal of the charge-sheet does not indicate that any
description of the perpetrator of the crime was given by the Victim.
It also shows that till the conclusion of the investigation, i.e., at the
stage of filing of the charge-sheet, there was no evidence on record
in order to connect the Applicant with the crime. It is only after
filing of the charge-sheet, the identification parade was conducted
wherein the Applicant is said to have been identified by the Victim.
Though, the learned APP has brought to the notice of this Court
that communication was done with the concerned authorities for
conducting identification parade on 28th April 2025 and even
thereafter parade could not be conducted before 25 th June 2025,
but considering the time within which charge-sheet has been filed,
it was open for the Investigating Agency to wait for completion of
the identification parade. However, charge-sheet came to be filed
without any evidence against the Applicant/Accused.
8. Now this Court finds substance in the contention of the
learned counsel for the Applicant that since there was no evidence
to connect the Applicant with the crime and as he was arrested,
identification parade was conducted after filing of the charge-
sheet. In any case, this is a weak piece of evidence available on
record. The Applicant has no criminal history. The Trial is not likely
to get over within a reasonable period of time. Hence, it is a fit
case for grant of bail and accordingly, the following order is
passed:-
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ORDER
(i) The Bail Application stands allowed in connection with
Crime No.0258 of 2025 dated 9th April 2025 registered with the
Tilak Nagar (Dombivali) Police Station, Thane City ;
(ii) The Applicant be released on furnishing P. R. Bond in the
sum of Rs.15,000/- with one surety in the like amount to the
satisfaction of the Trial Court;
(iii) The Applicant has undertaken not to enter local jurisdiction
of the Tilak Nagar Police Station, Dombivali till conclusion of the
trial;
(iv) The Applicant not to contact Victim or any witness in any
manner whatsoever;
(v) It is made clear that the observations made herein are prima
facie and are confined to this Application and the learned Trial
Judge to decide the case on its own merits, uninfluenced by the
observations made herein.
9. The Bail Application is accordingly disposed of.
(R. M. JOSHI, J.)
{
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2026.03.18
19:17:56
+0530
th
18 March, 2026.
