SARWAR NIJAMUDDIN KHANversusTHE STATE OF MAHARASHTRA AND ANR

P.H. JAYANI                                             909 BA2345.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION
                BAIL APPLICATION NO. 2345 OF 2026

Sarwar Nijamuddin Khan                                    … Applicant
      V/S.
The State of Maharashtra and anr.                       … Respondent


Mr. Faisal Shaikh a/w. Mr. Omar Shaikh for the Applicant.
Mr. Vinod Chate, APP for the Respondent No.1 – State.
Mr. Vishal V. Rankhambe a/w. Adv. Aparna Rankhambe and
Mr. Chaitanya M. Bagul for Respondent No.2.
Mr. Umesh Jadhav, PSI, D.N. Nagar Police Station, present.


                            CORAM:       SHYAM C. CHANDAK, J.
                            DATED :      29th SEPTEMBER, 2026
P.C. :-
1.        Heard learned Counsel for the parties. Perused the record.

2.        The applicant seeks his release on bail in connection with
C.R.No.1042/2025 registered with D.N. Nagar Police Station,
Mumbai for the offence punishable under Section 64(2)(i) of
Bharatiya Nyaya Sanhita, 2023 (“BNS”) on the report dated
26.09.2025 filed by the Respondent No.2 (“the victim”).

3.        The prosecution case, in brief, is that the victim has been
working as an Assistant Director for about four years and, at the
relevant time, was associated with the film in respect of which the
applicant was working as the line producer. On 18.09.2025, after
the screening event of the said movie was over, the victim along
with her friends and the applicant, proceeded to a bar at Andheri,
where they consumed alcohol. In the night intervening 18.09.2025
and 19.09.2025, at about 12:30 a.m., as it had become late, the
applicant took the victim and others to his residence at Andheri
(West). There, they again consumed alcohol till about 3:30 a.m.

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P.H. JAYANI                                           909 BA2345.2026.DOC



Thereafter, the victim booked an auto-rickshaw. Her friend
Furkhan @ Bobby said her that he would accompany her in the
said auto-rickshaw, as he was also residing in Varsova. It is alleged
that the applicant then took the victim’s mobile phone, cancelled
the auto-rickshaw booked by her and did not return her mobile
phone. Thereafter, the victim went to a washroom inside the
bedroom, but, as she had a headache and was tired, she slept in
the bedroom. It is further alleged that, at about 4:30 a.m., the
applicant entered into the bedroom. Consequently, the victim got
awake. It is alleged that the applicant then committed forcible
sexual intercourse with her against her will. The victim felt severe
pain and breathlessness, whereupon the applicant stopped and
went out. Since the victim was extremely tired and was not in a
position to stand, she remained there. At about 8:30 a.m., she
woke up and went home. It is alleged that the applicant kept
calling the victim throughout the day, but she did not respond. He
confessed the aforesaid act and expressed regret for the same in
Whatsapp messages which he sent to the victim. Since the victim
was not in a proper mental state to disclose the incident, she
remained silent. However, when her room-mate took her into
confidence, she then disclosed the incident and, upon receiving
support from her friends, lodged the report on 26.09.2025.
Accordingly, the aforesaid crime came to be registered and the
applicant was arrested. Upon completion of investigation, the
police submitted the charge-sheet. The trial Court declined to
release the applicant on bail.

4.       Mr. Shaikh, the learned Counsel for the applicant submitted
that although, in the report the victim has alleged the act of rape,
before the medical officer, she has stated that it was only an


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P.H. JAYANI                                           909 BA2345.2026.DOC



attempt. There is delay in lodging the report, which is not normal.
These facts, prima facie, negates the narration in the FIR.
Therefore, the applicant is entitled for bail.

5.       In reply, Mr. Chate, the learned APP and Mr. Rankhambe,
the learned Counsel for the victim have strongly opposed the
application. They have submitted that the narration in the report
is is in consonance with the whatsapp messages sent to the victim
by the applicant. Therefore, there is a prima facie case against the
applicant and, he is not entitled for bail.
6.       I have considered the submissions. The report contains a
clear and specific narration that, before committing the rape, as
alleged, the applicant had cancelled the auto-rickshaw booked by
the victim, without her consent and retained her mobile phone,
even though she wanted to go home. The applicant then entered in
the bedroom at an unusual hour of the night while the victim alone
was sleeping there. The applicant was aware of the victim’s
condition as they had consumed alcohol, together. Despite that, he
intruded upon her privacy. From this conduct, it is evident that
the applicant had intention and he was mentally prepared for
committing the sexual assault.
7.       The conjoint reading of the FIR and the medical report show
that immediately after entering in the bedroom, the applicant
started being physical with the victim and removed her clothes. He
then committed rape on her although she was panicked,
repeatedly refusing and resisting him. He spared her only when
she was in pain and breathless condition. This narration in the
report is supported with the conduct of the applicant in repeatedly
calling the victim on phone to say sorry and, the WhatsApp
messages exchanged between them. In the massages sent by the

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                      P.H. JAYANI                                              909 BA2345.2026.DOC



                      applicant, he has admitted his act. It appears that he has
                      expressed regret for committing the said act and also stated that
                      he was ashamed of his conduct. The said conversation further
                      records the victim’s reference to the pain suffered by her due to
                      the incident and her response that the applicant ought to have
                      considered the consequences before violating and harassing her.
                      In so far as the delay in lodging the report is concerned, it is well
                      explained by the victim and therefore, said fact itself is not
                      sufficient to unnecessarily doubt her narration about the incident.
                      8.       In view thereof, I am of the opinion that there is a prima
                      facie case against the applicant of having committed the alleged
                      offence which is obviously serious.
                      9.       In order to create a safer environment for women to work
                      independently in the film industry as well as in other professional
                      fields, where professional confidence, access and trust are
                      necessary for their work, persons placed in a position of trust,
                      influence or authority are expected to conduct themselves with
                      greater responsibility. Any misuse of such position to take
                      advantage of a woman’s vulnerability, causing her to feel the fear
                      of insecurity, must be viewed with due seriousness.
                      10.      In the result, the Bail Application is rejected and disposed
                      of, accordingly.
                      11.      It is clarified that any observation made in the present
                      Order are for the purpose of deciding the present Bail Application
                      and should not influence the outcome of the trial and also not be
                      taken as an expression of opinion on the merits of the case.

  PREETI
  HEERO
  JAYANI                                                           (SHYAM C. CHANDAK, J.)
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.30
20:22:23 +0530




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