ZAKIR ALI KHANversusSTATE OF MAHARASHTRA

                                                          9-ABA-1781-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 1781 OF 2026
Zakir Ali Khan                                             ...Applicant
            V/S.
The State Of Maharashtra                                   ...Respondent
_____________________________________________________________
Adv. Arun Mishra a/w Mukta Mishra, Arpita Mishra, for the Applicant.
Adv. Bapu V. Holambe, APP for the Respondent – State.
_________________________________________________________
                 CORAM : PRAFULLA S. KHUBALKAR, J.
                 DATE : 30TH SEPTEMBER, 2026.

P.C. :-

1.        Heard learned counsel for the applicant as well as learned APP for

the respondent-state.

2.        Apprehending arrest in connection with Crime No. 1467 of 2025

dated 17.12.2025 registered with Ghatkopar Police Station, Brihanmumbai,

for the offence punishable under Sections 90 and 105 read with Section 3(5)

of Bharatiya Nyaya Sanhita (BNS), 2023, the applicant has filed the instant

application under Section 482 of Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023.

3.        The FIR is registered on the basis of a report lodged by the Police

Sub-Inspector alleging that during the period from 24.09.2025 to

29.09.2025, a lady by name Alia Chand Sayyad, aged 22 years was admitted

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in Galaxy Hospital when she was six months pregnant. It is alleged that

without her consent, her husband caused her abortion which was performed

by Dr. Mehtab Jakir Ali Khan. It is alleged that since there was some

infection in her abdomen she was taken to another hospital by name S. N.

Hospital, Gowandi, Mumbai for surgery wherein she was given further

treatment. It is alleged that when Alia was examined by the Doctors at S. N.

Hospital, it was revealed that certain articles of the undeveloped foetus were

left inside her stomach, which had developed complications, deteriorating

her health and resultantly on 29.09.2025 Alia had expired. It was found that

the abortion of Alia was performed by Dr. Mehtab Jaker Ali Khan in the

Galaxy Hospital, who was not possessing any medical degree and was still

allowed to perform operations by Galaxy Hospital. On the basis of these

allegations, the FIR came to be registered against Mr. Mehtab Jaker Ali

Khan and Rizwan Niyazahamad Shaikh, who is husband of deceased Alia.

4.        Adv. Arun Mishra, learned counsel for the applicant submitted

that this applicant is not named in the FIR. He submitted that the charge

sheet is filed against other accused persons and there is nothing to show that

this applicant has played any role at the time when the deceased Alia was

operated upon in the Galaxy Hospital. He submitted that this applicant was

not present at the hospital at the relevant time and has even no knowledge

about the incidence. He submits that only because this applicant happens to

have a Leave and License Agreement of the Hospital in his name, he is


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sought to be implicated in the offence. He therefore submitted that there is

no need for custody of this applicant and prayed for grant of anticipatory

bail.

5.         Per contra, Adv. Bapu V. Holambe, learned APP for the

respondent vehemently opposed the application and submitted that there is

ample evidence to show that this applicant had entire control and

management of Galaxy Hospital, where the illegal abortion was conducted

by Mr. Mehtab. He submitted that Mr. Mehtab does not have any medical

degree and in fact he is a student of third-year MBBS. It is submitted that the

applicant had allowed Mr. Mehtab who is his son, to carry out the operation

of the deceased, in his hospital which has resulted into complications

ultimately resulting in her death. By inviting attention to the statement of the

nurse in Galaxy Hospital by name Shirin Mohmad Ramzan Khan, it is

submitted that she has categorically stated that Mr. Mehtab has performed

the operation upon the deceased Alia. By inviting attention to statement of

Mr. Mehtab Jakir Ali, he submitted that he has specifically stated that he is a

student of third-year taking online education from Asian International

Medical University, Tashkent, Uzbekistan. Apart from this, by pointing out

the leave and license agreement, he submitted that this applicant is having

entire control and management of the Galaxy Hospital and thus there is

sufficient evidence to show his involvement in the offence.

        He therefore submitted that although charge sheet is filed against the


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accused persons, further investigation has to be conducted against this

applicant and his custody is required.

6.          Learned APP also submitted that the applicant has suppressed

his criminal antecedents since an FIR No. 1271 of 2022 for the offence

punishable under Section 304 of Indian Penal Code (IPC), 1860 with other

offences is already registered against this applicant which is an offence of

running a nursing home illegally by this applicant along with his son Mr.

Mehtab, where on account of an operation performed on a pregnant lady, a

new born baby girl had died. He therefore prayed for rejection of the

application for failure to disclose the criminal antecedents and in this regard

placed reliance on the judgment of Hon’ble Supreme Court in the matter of

Zeba Khan Versus State of Uttar Pradesh reported at 2026 SCC Online SC

188.

7.          Perused the FIR and the documents placed on record, which

form part of the charge sheet. Although the applicant has contended that he

has not done any overt act, it is crucial to note that the entire incidence of

illegal abortion has taken place at Galaxy Hospital, which is in the control

and supervision of this applicant. The document of leave and license

agreement dated 10.08.2024 clearly shows that the premises were taken by

this applicant as licensee to run Galaxy Hospital. Thus, it prima-facie

appears that the applicant had got the control and management of Galaxy

Hospital. As such, the applicant was duty bound to ensure that the hospital is


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being run by complying with all the statutory requirements and by engaging

qualified medical practitioners and nurses. It is revealed during the

investigation, as can be seen from the statement of Mr. Mehtab that he is not

a qualified Doctor. Thus, since the illegal abortion was done in Galaxy

Hospital which is under control of this applicant, it cannot be accepted that

the applicant has no connection with the offence in question. During the

investigation it was revealed that Mr. Mehtab Zakir Ali Khan, who has

performed the illegal operation is son of this applicant and he was allowed to

conduct operations even though he is not medically qualified. It is revealed

that this applicant has allowed the illegal operations to be conducted in his

hospital, as can be seen from similar offence vide FIR No. 1271 of 2022

which was earlier registered against this applicant and his son Mr. Jakir Ali

Khan.

8.          It has to be noted that the investigating agency has conducted a

thorough investigation and a charge sheet is filed against the other accused

persons. The investigation qua this applicant is not completed and no charge

sheet is filed against this applicant. On perusal of the statement under

Section 183 of BNSS of the nurse by name Shirin it prima-facie appears

that an illegal abortion was conducted in the Galaxy Hospital which has

resulted into death of the patient. Thus the offence is very serious in nature

and its gravity needs to be considered while considering the applicant’s

prayed for anticipatory bail.


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9.             Pertinent to note, this applicant is having control and supervision

over the establishment of Galaxy Hospital. The material evidence related to

the offence, being the records of the Hospital, statements of witnesses and

other material evidence are likely to be manipulated by this applicant. As

such, the apprehension expressed by the prosecution regarding influencing

the witnesses or tampering with the evidence merits consideration.

Considering the nature of offence, I am of the considered opinion that the

applicant may try to influence and pressurize the witnesses.

10.            It is also crucial to note that the applicant has suppressed the

criminal antecedents bearing FIR No. 1271 of 2022 which is an offence with

respect to death of an infant after the operation by Mr. Mehtab. Since the

applicant has failed to disclose on affidavit this FIR, as required by

judgment of Hon’ble Supreme Court in judgment of Zeba Khan Versus of

State of Uttar Pradesh reported at 2026 SCC Online SC 188 it amounts to

suppression of the criminal antecedents on the part of the applicant.

11.            On consideration of the prosecution case it is clear that the

offence in question is serious in nature. The offence has occurred in Galaxy

Hospital, which is in the entire control of this applicant. Considering the

dominant position of the applicant in the hospital, who is likely to influence

the witnesses, I am of the firm opinion that anticipatory bail if granted to the

applicant would be grossly abused and therefore, the application deserves to

be rejected.


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12.         Hence, for all the above reasons, the instant application for

Anticipatory Bail is rejected.


                                   (PRAFULLA S. KHUBALKAR, J.)




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