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The FIR alleges that Khan made physical relations with the victim on several occasions in the name of false excuses of marriage, financial help and working in films.
Mumbai: A Mumbai court has refused to grant anticipatory bail to actor Ejaz Khan in the rape case. Additional Sessions Judge (Dindoshi Court) Dutta Dhobale on Thursday refused to give relief to Khan, saying that there is a need to interrogate the accused in custody in view of the nature and seriousness of the allegations. The prosecution has alleged that the victim, who is also an actress herself, was implicated by Khan in a relationship. The prosecution said that to win the victim’s trust, it misused his position as a host of a celebrity and reality show.
Physical relations with the victim created on the pretext of marriage and financial help
The FIR alleged that on the false excuses of marriage, financial help and professional advancement, Khan on several occasions made physical relations with the victim without her independent and clear consent. A case has been registered against Khan under the relevant provisions of sections of Indian Justice Code under the physical relationship obtained from rape and deception. Pressing for anticipatory bail, Khan’s lawyer said that his client has been falsely implicated in the case. The victim knew very well that the actor was already married. Both are adults. The relations between him and the victim were consensual.
Defense argument rejected by court
The defense presented some WhatsApp chat and audio recording before the court, showing that the victim demanded money to withdraw the case and had physical relations with consent. While the prosecution argued that the accused has a former criminal record. If he is granted anticipatory bail, he can tamper with evidence or affect the victim and witnesses. The court, after listening to both sides, said that the FIR revealed specific dates, places and circumstances of the incident, in which not only the marriage was allegedly assured by the accused, but also provided professional help and financial assistance to the victim’s family.
The court said-Agrim bail can be tampered with evidence
The court said that prima facie it cannot be dismissed as a simple case of consent relationship. The consent appears to be obtained by fraud or misrepresented the facts. Although the victim is adult, considering the allegations, it seems that consent is not independent and clearly in the sense of law. The court said that interrogation in Khan’s custody was necessary to collect his medical examination and other digital evidence. Actor Ejaz Khan’s petition was dismissed by the court. The court said that if the actor is granted bail before the arrest, he can tamper with the evidence or affect the witnesses.
