H.C.SHIV 2.BA1649.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION 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, HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.28 19:42:46 +0300 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.)