The Supreme Court has granted anticipatory bail to an Excise Department officer accused of rape on the allegation that he engaged in physical relations with the complainant for over a year on the false promise of marriage. The FIR alleges that the complainant who is older than the applicant was induced into the relationship on the assurance of marriage and later subjected to emotional distress when the relationship was abruptly ended.
The bail appeal arose from a Madhya Pradesh High Court judgment that had refused anticipatory bail and had held that ‘misconception of fact’ under Section 28 of the BNS could not be ruled out.
Before the Supreme Court, the applicant represented by Advocates Siddharth R. Gupta and Sankalp Kochar argued that the relationship was consensual, long-standing, and mutually understood to be temporary; that the complainant was educated and older; and that selective parts of chats were relied on without examining authenticity or full context.
The Supreme Court noted that during the period of interim protection, the applicant had fully cooperated with the investigation, had not attempted to influence witnesses, and had complied with all directions of the Court. Observing the nature of the allegations and the manner in which the alleged offence was committed, the Court confirmed its earlier interim order and directed that the applicant be released on bail in the event of arrest.
The Bench also recorded that the applicant must continue to cooperate with the investigation and trial and must not seek unnecessary adjournments. It further clarified that if any delay is caused due to the applicant’s conduct, the investigating agency or trial court is free to seek cancellation of bail.
The Madhya Pradesh High Court’s order was accordingly set aside.
Appearances:
For Petitioner(s) :Mr. Siddharth R. Gupta, Adv.; Mr. Mrigank Prabhakar, AOR; Mr. Aman Agarwal, Adv.; Mr. Uddaish Palya, Adv.; Ms. Surbhi Saxena, Adv.; Mr. Siddharth Sahu, Adv.; Ms. Astha Singh, Adv.
For Respondent(s) :Mr. Abhimnayu Singh G.A, Adv.; Mr. Mukesh Kumar Verma, Adv.; Mr. Ayush Tomar, Adv.; Mr. Sajal Yadav, Adv.; Ms. Shilpi S Swain, Adv.; Mr. Chinmay Chaitanya, Adv.; Mr. Mrinal Gopal Elker, AOR