Bombay High Court
SARFAROZ KHAN NAUSHAD KHANversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
- Bench
- S G CHAPALGAONKAR
Holding
The Court allowed the bail application, granting regular bail with conditions.
Summary
The applicant, Sarfaroz Khan Naushad Khan, was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of the Information Technology Act, 2000 for alleged forced sexual relations, stalking, and threats against a divorced woman who had previously been in a consensual relationship with him. The alleged incidents occurred six years before the FIR was lodged, and the applicant was arrested on 28 July 2025. After the Sessions Court denied regular bail, the applicant sought bail before the High Court, arguing that the acts were consensual and occurred long ago. The State opposed bail, citing the seriousness of the offences and witness statements. The Court noted that the alleged offences attracted a maximum punishment of three years, the applicant had been in custody for a short period, and that bail could be secured with conditions, thus granting bail with a surety of Rs.50,000 and specific restrictions.
Issues considered
- Whether the applicant is entitled to regular bail despite the nature of the offences under the Bharatiya Nyaya Sanhita and the IT Act.
- Whether the delay between the alleged conduct and the registration of the FIR affects the bail decision.
- Whether the alleged offences, punishable up to three years, justify continued pre‑trial detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 351(2), 351(3), 64(1), 75(2), 75(3), 78, 79
- Information Technology Act, 2000 — s. 67
Subjects
- bail
- sexual offences
- stalking
- Bharatiya Nyaya Sanhita
- Information Technology Act
- pre‑trial detention
- conditions of bail
Judgment
2026:BHC-AUG:9264
(1) 213-ba-44-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 44 OF 2026
Sarfaroz Khan Naushad Khan
VERSUS
The State Of Maharashtra And Another
...
Advocate for Applicant : Mr. Nandedkar Sahebrao G.
APP for Respondent/State : Mr. A.R. Kale
Advocate for Respondent No.2 : Ms. Suryawanshi Pratibha H.
…
CORAM : S. G. CHAPALGAONKAR, J.
DATED : MARCH 04, 2026
ORDER:-
1. The applicant seeks regular bail in connection with Crime
No.115/2025 registered with Sindkhed Police Station, Tq. Kinwat, Dist.
Nanded for the offences punishable under Sections 64(1), 75(2),
75(3), 78, 79, 351(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023
and Section 67 of Information Technology Act, 2000.
2. The investigation was set in motion on the basis of
information given by respondent no.2. In nutshell, it is alleged that
she is a divorced lady and residing along with her parents and son
since last two years. Prior to six years before her marriage, she came in
contact with applicant. She had friendly relations with him. They had
together snapped photographs. Thereafter, they went to Mahur and
while passing through forest area, applicant had compelled her to
establish physical relations. After her marriage, she was continuously
threatened by applicant to disclose their relationship to her husband
(2) 213-ba-44-2026.odt
and making photographs viral. Lastly, on 23.07.2025, while she was
returning from her son’s school, applicant stalked her with demand of
sexual favour and also threatened her making photographs viral. On
the basis of aforesaid information, crime has been registered.
3. The applicant came to be arrested on 28.07.2025. The
investigation progressed and charge sheet has been filed. The
applicant approached learned Sessions Court for grant of regular bail,
however, his application came to be rejected vide order dated
04.12.2025. Hence, this application.
4. Mr. Nandedkar, learned advocate appearing for applicant
would submit that it is a case of consensual sexual relationship since
before marriage of informant. The alleged sexual act occurred six years
prior to date of registration of offence. No offence can be made out
against applicant. The applicant is behind bar since 28.07.2025.
Hence, he may be released on bail.
5. Mr. Kale, learned APP and Ms. Suryawanshi, learned
advocate appearing for respondent no.2, vehemently opposed the
application. Ms. Suryawanshi submits that conduct of applicant is
highly objectionable, he has committed offence as alleged. Mr. Kale,
learned APP invites attention of this Court to statement of witnesses
wherein conduct of applicant is surfaced and supports averments in
FIR.
6. Having considered submissions advanced, it can be
(3) 213-ba-44-2026.odt
observed that incident of forcible sex towards respondent no.2 by
accused allegedly took six years prior to date of registration of offence.
Thereafter, respondent no.2 had married with third person. After two
years of matrimonial life, she divorced and started residing at parents
house with son. The allegations in FIR that applicant was asking for
sexual favour and stalking would attract offences punishable upto three
years. The applicant is behind bar since 28.07.2025. Further
detention of applicant would not be necessary. The interest of
prosecution can be secured by imposing certain conditions. Hence, the
following order:
ORDER
(i) Bail Application is allowed.
(ii) The applicant, Sarfaroz Khan Naushad Khan, be released on bail
in Crime No.115/2025 registered with Sindkhed Police Station, Tq.
Kinwat, Dist. Nanded for the offences punishable under Sections 64(1),
75(2), 75(3), 78, 79, 351(2) and 351(3) of Bharatiya Nyaya Sanhita,
2023 and Section 67 of Information Technology Act, 2000 on
furnishing P.B. and S.B. of Rs.50,000/- (Rs. Fifty Thousand only) on
following conditions :
(a) The applicant shall not tamper with the prosecution evidence
in any manner or pressurize witnesses.
(b) The applicant shall attend each and every effective date of
hearing before Sessions Court.
(4) 213-ba-44-2026.odt
(c) The applicant shall not enter Village Sarkharni, Tq. Kinwat,
Dist. Nanded till disposal of sessions case.
(iii) Bail Application is disposed of.
(S. G. CHAPALGAONKAR, J.)
Mujaheed//
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