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