'Bhaiya Is Back' Banners After Rape-Accused Got Bail: Supreme Court Reserves Orders In Plea Challenging Bail

In the matter where Supreme Court had earlier taken serious note of banners being put up to welcome the release of a rape-accused on bail, the Court on Wednesday reserved its orders in plea by the prosecutrix challenging the bail granted to the accused.

The bench was on last occasion informed that banners with statement "Bhaiya is Back" were put up after the accused was released on bail.

A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli was today informed by Senior Advocate Sidharth Luthra appearing for the accused that the poster was put up almost 3 months after the impugned order granting bail was passed

The Bench was informed that the poster along with the photograph of the accused sends out wishes of an annual festival namely "Maa Narmada Jayanti" which is celebrated ever year in February as per the Hindu Calendar, and the accused being a student leader belongs to the community engaged in the prayer for the Jayanti. 

It was submitted on behalf of the accused that the social media posts containing photographs of certain posters/ comments shared on media post showing the name and picture of accused placed on record by the petitioner are not contemporaneous to his release . Further the poster does not demonstrate any violations of the bail conditions.

Senior Advocate Sidharth Luthra further submitted that the accused is a student leader and a fifth year law student. He argued that the present case is one of a consensual relationship, and once things broke down between him and the petitioner girl when discovered her relationship with someone else. He submitted that the accused can also offer to stay outside the State.

The Counsel appearing for the State of Maharashtra submitted that the State is supporting the petitioner's case. The counsel informed that court that 6 other cases are pending against against the accused.

Advocate Shikha Khurana appearing for the petitioner opposed the submissions made by the accused that the posts and hoardings were not put by them.

"Forget about the hoardings, he is a student leader, it is common whichever party is in power they put their photographs" the CJI said

Referring to the alleged social media posts put by the accused, Advocate Khurana submitted that he had added specific music, the song 'Baap ka maal' with this post which only shows the arrogance and attitude of the accused.

She further argued that the hoardings were strategically put between petitioner's residence and her father's workplace to intimidate the petitioner and her family.

The Bench was considering a special leave petition challenging order of the Madhya Pradesh High Court granting bail to the accused, who has been charged for the offence punishable under Sections 376 (2) (n) and 506 of I.P.C and was arrested 29th September 2021.

The petitioner through Advocate Vaibhav Manu Srivastava has argued that the accused repeatedly committed sexual intercourse with the prosecutrix on various occasions over a period of three years under the garb of false promise to marry with her.

The High Court took the view that this is not a case in which the applicant is required to be kept in custody during the whole trial

The accused was directed to be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000 with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court.

Before the High Court, the accused contended that he is innocent and his relationship with the girl was consensual and both the parties mutually agreed for indulging in physical intimacy.

Further, it was argued that the prosecutrix is a major and mature girl having knowledge of all consequences and she and her father want to extort money from the applicant and his family under the guise of the instant case.

It was also pointed out that there is a delay of more than six months in lodging the FIR.

Case Title: Ms P vs State of Madhya Pradesh