Mumbai, Maharashtra – September 5, 2022 – A Mumbai Sessions Court has rejected the bail application of Aman Shubahsh Barnwal, an accused in a gang rape and obscenity case. The court, presided over by Additional Sessions Judge Smt. A.B. Sharma, denied bail citing the seriousness of the allegations and the prima facie involvement of the accused in the crime.

Barnwal was arrested in connection with Crime No. 66 of 2021, registered at DCB-CID Police Station, under sections 292 (sale, etc., of obscene books, etc.), 293 (sale, etc., of obscene objects to young person), 420 (cheating and dishonestly inducing delivery of property), 376 (rape), and 376(D) (gang rape) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), as well as sections 67 and 67-A of the Information Technology Act, and sections 3, 4, 6, and 7 of the Indecent Representation of Women (Prohibition) Act, 1986.

The complainant, an actress, alleged that she was lured under the pretext of a role in a web series. She was taken to a bungalow in Madh Island, where she was coerced into performing sexual acts with three men of short stature, including Barnwal, and then with another actor. These acts were filmed and subsequently uploaded to the NUEFLIKS website.

During the bail hearing, Barnwal’s advocate, Ms. Sarita Tripathi, argued that the investigation was complete, and the charge sheet had been filed. She emphasized that Barnwal had been in custody for over four months, had no prior criminal record, and was the sole earning member of his family. She also argued that he was a permanent resident of Mumbai and willing to abide by any bail conditions.

The prosecution, represented by Ld. APP. Kshirsagar, opposed the bail application, arguing that Barnwal was not a permanent resident of Maharashtra and that the offense was serious. They expressed concerns that he might tamper with evidence or threaten the complainant and witnesses if released on bail.

Judge Sharma, after reviewing the prosecution’s case and the arguments, concluded that there were serious allegations against Barnwal. She noted that his prima facie role was established as one of the three men who committed sexual intercourse with the victim, and that these acts were filmed and uploaded online.

“It is prima-facie appeared that the accused was well aware that he has to do the sexual activities along with the other two person with the victim. Thus, prima facie the involvement of the accused is well founded at this stage,” Judge Sharma stated in the order.

Considering the seriousness of the case and Barnwal’s prima facie involvement, the court was not inclined to grant bail until the victim’s evidence was recorded.

“Considering the facts and circumstances and seriousness of the case and prima facie involvement of the accused, I am not inclined to grant bail to the accused till the evidence of the victim,” Judge Sharma stated.

The court rejected Barnwal’s bail application, emphasizing the gravity of the offenses and the need to protect the victim and ensure a fair trial.