The Bombay High Court is currently hearing the pre-arrest bail plea of actor Ajaz Khan in connection with a rape case filed against him earlier this month at the Charkop police station. The case stems from a complaint filed by a struggling actress who alleges that Khan sexually assaulted her under the false pretense of marriage and promises of work in the film industry.
Justice Shyam Chandak, presiding as a vacation judge, heard the plea on May 22 and has directed the state government to file its reply by June 2. The court has refrained from granting any interim relief to Khan at this time.
Khan's legal team approached the High Court after a sessions court in Dindoshi rejected his anticipatory bail application last week. The sessions court, in its order, stated that the relationship between Khan and the actress did not appear to be consensual, noting that "the material on record shows that the applicant is married and an actress by profession. Though the victim is major, considering allegations it appears that consent is not free and unequivocally within the meaning of law.” The sessions court further added that custodial interrogation of Khan was necessary for a medical examination, collection of evidence, recovery of his mobile phone, verification of WhatsApp chats and call recordings, and gathering other digital evidence, including voice samples.
The complainant alleges that Khan exploited her on multiple occasions, specifically citing instances on April 4 and April 24, by establishing physical relations with her on the assurance of marriage. She claims that Khan misused his position as a celebrity and host of a reality show to gain her confidence.
Khan, however, has refuted the allegations, claiming that the complainant was fully aware of his marital status and that their relationship was consensual. He also alleges that the complainant sought ₹10 lakh to withdraw the complaint against him and claims to possess evidence of this in the form of WhatsApp chats and videos.
The First Information Report (FIR) alleges that Khan made false promises of marriage, financial assistance, and professional opportunities to induce the complainant into a physical relationship. The police have opposed Khan's anticipatory bail plea, arguing that a thorough investigation is required, including the recovery of Khan's phone and further probing of the allegations.
The court has observed that the FIR discloses specific dates, locations, and circumstances of the alleged incidents, including assurances made by Khan regarding marriage, professional help, and financial assistance to the victim's family. The court stated that these details could not be simply dismissed as a consensual relationship, suggesting that the consent may have been obtained through fraud or misrepresentation of facts.
Meanwhile, reports indicate that Ajaz Khan has been unreachable since the rape case was registered against him. Mumbai Police are currently searching for him.
In addition to the rape case, Ajaz Khan and the producers of the OTT reality show 'House Arrest,' which streamed on the Ullu app, are facing separate legal issues. The show has sparked outrage due to its explicit content, leading to a complaint being filed at the Amboli Police Station.