'Bhaiya Is Back' Banners After Rape-Accused Got Bail; Supreme Court Takes Serious View

The Supreme Court on Monday took serious note of banners being put up to welcome the release of a rape-accused on bail.

A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli was informed that banners with statement "Bhaiya is Back" were put up after the accused was released on bail.

The bench was considering the victim's petition to cancel the bail of the accused.

"What are you celebrating after the bail? This says there was a hoarding which says 'bhaiya is back'. What is this hoarding about?", Justice Hima Kohli asked.

The Counsel appearing for the accused submitted that the hoardings were put during a local body election.

"There's a hoarding, what is this Bhaiya Back? On what occasion you put the hoarding?", CJI asked.

The Counsel submitted that the hoarding was probably put after the accused was granted bail. "Ask your bhaiya to be careful this week", the CJI said while posting the matter to next Monday. 

During the hearing, the counsel appearing for the petitioner girl submitted that the accused was granted bail after mere 45 days of judicial custody without considering any of the relevant factors including past antecedents of the accused and the influential family background.

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 allegation against the accused is that he 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