Bombay High Court
AMAN KHAN ALIAS ADIL SHAHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The applicant is entitled to bail in the present case.
Summary
The applicant, Aman Khan alias Adil Shah, was charged under Sections 316(2), 351(2) and 64 of the Bharatiya Nyaya Sanhita, 2023 for alleged non‑consensual sexual intercourse and related offences. The prosecution alleged that the applicant had repeatedly forced the victim into sexual acts, recorded obscene material, and extorted gold ornaments. The victim later filed an affidavit stating that the matter had been settled, that the relationship was consensual, and that she had no objection to the applicant’s release on bail. The court, after hearing counsel, considered the victim’s consent and the settlement, and ordered the applicant’s release on bail subject to a bond and conditions. The bail order also stipulated regular reporting to the police and compliance with trial procedures.
Issues considered
- Whether bail can be granted to an accused of offences under Sections 316(2), 351(2) and 64 of the Bharatiya Nyaya Sanhita despite the seriousness of the alleged crimes
- Whether the victim’s consent and settlement between the parties affect the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 351(2), 64
Subjects
- bail
- rape
- consent
- settlement
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
HEMANT
CHANDERSEN H.C.SHIV 2.BA1649.26.DOC
SHIV
Digitally signed by
HEMANT IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CHANDERSEN SHIV
Date: 2026.09.28 CRIMINAL APPELLATE JURISDICTION
19:42:46 +0300
CRIMINAL BAIL APPLICATION NO.1649 OF 2026
Aman Khan alias Adil Shah …Applicant
V/s.
The State of Maharashtra & Anr. …Respondents
Mr. Pankaj Dwivedi for the Applicant in B.A. No.1649 of 2026.
Ms. S. K. Gajare, APP for Respondent No.1-State.
Mr. Sumas Palet for the Intervenor.
Mr. Dilip Sonwane, PSI, Kandivali police station present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 24th SEPTEMBER, 2026
P.C. :-
1. Heard learned Counsel for the parties.
2. Present application seeks release of the applicant on bail in
connection with C.R. No.17 of 2025, registered with Malwani police
station, Mumbai for the offence punishable under Sections 316(2),
351(2), 64 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), on the
report dated 7th August 2025, filed against the applicant by
Respondent No.2 (“the victim”).
3. The prosecution case is that, in the year 2020, the applicant
and the victim came in contact with each other through Facebook.
Thereafter, they used to communicate on the phone. Gradually,
they fell in love with each-other and the applicant proposed to
marry the victim. It is alleged that, in the last week of September
2024, the applicant took the victim to a hotel near Kandivali station
and there, he forcibly committed sexual intercourse with her against
her will on the pretext of marriage. He then repeated the said act on
3 to 4 occasions by taking her at the same place. During the said act,
Page 1 of 3
H.C.SHIV 2.BA1649.26.DOC
the applicant took obscene photographs and videos of the victim. It
is alleged that the applicant caused the victim to handover gold
ornaments to him, which, he subsequently pledged to purchase a
tenement. When the parents of the victim came to know about the
said gold ornaments, the victim demanded it from the applicant.
However, he gave evasive replies and threaten her to make her
photos and videos viral. Therefore, the aforesaid crime came to be
registered, the applicant arrested and stood charge-sheeted. The
Sessions Court declined to release the applicant on bail.
4. Mr.Palet, learned Counsel for the victim states that the matter
has been settled between the parties. The families of the applicant
and the victim have decided to get them married. The victim has no
objection to release the applicant on bail. The same is stated in the
Affidavit of the victim at Page 61 of said I.A. (Stamp) No.19644 of
2026. The victim is present before the Court. She is identified by
Mr.Palet. She has reiterated the contents of the Affidavit and states
that she is ready to marry the applicant and he may be released.
That apart, the said physical relation appears to be consensual.
5. In view of the above, the applicant is entitled for bail. Hence,
following Order :-
(i) The applicant – Aman Khan alias Adil Shah be released
on bail in aforesaid FIR registered with Malwani police
station, Mumbai, on his executing P.R. Bond in the sum of
Rs.25,000/- with one or two sureties in the like amount.
(ii) The applicant shall attend at Malwani police station,
Mumbai on 1st day of a month every three months, between
11:00 a.m. to 2:00 p.m. till conclusion of the trial.
Page 2 of 3
H.C.SHIV 2.BA1649.26.DOC
(iii) The applicant shall regularly attend the proceedings
before the jurisdictional Court.
(iv) The applicant shall not tamper with the prosecution
evidence and shall not influence upon the prosecution
witnesses to prevent them from deposing against him.
(v) On being released from jail, the applicant shall furnish
his contact number and residential address to the
Investigating Officer and shall keep him updated, in case
there is any change.
(vi) The observation made in the present order are limited
to deciding the present Bail Application. The said case shall
be decided on its own merit.
6. Bail Application stands disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.)
Page 3 of 3
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.