A Mumbai court has refused anticipatory bail to actor Ajaz Khan in a rape case. Additional sessions judge (Dindoshi court) Datta Dhoble on Thursday denied relief to Khan, ruling that "considering the nature and gravity of the allegations, there is need for custodial interrogation of the applicant". The prosecution has alleged that the victim, also an actor, was induced into a relationship by Khan. He allegedly misused his position as a celebrity and host of a reality show to gain the victim's confidence, the prosecution said. The FIR alleged that on the false pretext of marriage, promises of financial help and professional advancement, Khan established physical relations with the victim on multiple occasions "without her free and unequivocal consent". Khan has been booked under relevant provisions of Bharatiya Nyaya Sanhita sections concerning rape and physical relationship obtained through deceitful means.
Pressing for anticipatory bail, Khan's advocate submitted that his client has been falsely implicated in the case.
"The informant (victim) was well aware that the actor was already married. Both are majors. That the relationship between him and the informant was consensual," he submitted.
The defence placed before court certain WhatsApp chats and audio recordings purportedly showing that the victim demanded money to withdraw the case and that the physical relationship was consensual. The prosecution, on the other hand, contended that Khan's custodial interrogation was necessary for recovery of his mobile phone, verification of WhatsApp chats and call recording. It submitted that the applicant has a prior criminal record and he may tamper with evidence or influence the victim and witnesses if granted anticipatory bail. The court after hearing both the sides noted that the FIR discloses specific dates, locations and circumstances under which the incident occurred, including the assurances allegedly given by the applicant, not just of marriage, but also professional help and financial assistance for the victim's family.
"Prima facie, this cannot be brushed aside as a simple case of consensual relationship. The consent appears to be obtained by fraud or under misrepresentation of facts," the court noted. Though the victim is a major but considering allegations it appears that consent is not free and unequivocally within the meaning of law, it said. The court held that Khan's custodial interrogation was necessary for his medical examination and "collection of other digital evidence".
"The risk of tampering with evidence or influencing witnesses cannot be ruled out, if the pre-arrest bail is granted," the court said while rejecting his plea.
Earlier, Khan was named in a case along with many others for alleged obscene content in their web show 'House Arrest'.