The Supreme Court has rejected the bail application of a rape accused after posters reading “Bhaiya is Back” were put up to celebrate his release.
The Supreme Court on Thursday cancelled the bail granted by the Madhya Pradesh High Court to a rape accused student youth wing leader after it was brought to the court’s attention that the accused was greeted with posters reading “Bhaiyaa is Back” and “Welcome to Role Janeman.” It also ordered the accused to surrender within a week.
A bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli noted that the captions on the posters, along with abundant use of emojis of crowns and hearts, indicated the power wielded by the accused in society and has put fear in the complainant’s mind that she would not get a fair trial.
“The captions tagged to his photographs on the social media highlight the superior position and power wielded by the rape accused and his family in society and its deleterious impact on the appellant/complainant,” the court observed.
THE CASE
As per the complaint, the accused had established a physical relationship with her for three years under the false pretence of marrying her.
The complaint stated that he had put vermilion (sindur) on the woman’s forehead and tied a mangalsutra at a private ceremony. However, he refused to acknowledge her in public.
It was also alleged that when she became pregnant, she was forced to have an abortion. Following that, he began avoiding her and stopped returning her calls. When confronted by the complainant, he simply refused to solemnise their marriage.
She subsequently filed a rape case, and the accused was arrested.
The Madhya Pradesh High Court granted him bail in November 2021.
The complainant woman then filed an appeal with the Supreme Court, citing how photographs of the accused had appeared on social media following his release on bail.
The photographs had posters with the faces of some influential people in the backdrop, welcoming him with captions like “Bhaiyaa is Back”, “Back to Bhaiyaa”, and “Welcome to Role Janeman”.
WHAT DID THE COURT SAY?
The Supreme Court noted that the posters with such captions welcoming the accused after being granted bail “amplify the celebratory mood of the accused and his supporters on his having been released from detention in less than two months of being taken into custody for a grave offence that entails a sentence of not less than ten years that may even extend to life.”
Such brazen conduct has evoked fear in the mind of the complainant that she would not get a fair trial, the court said.
“The brazen conduct of the accused has evoked a bona fide fear in the mind of the appellant/complainant that she would not get a free and fair trial if he remains enlarged on bail and that there is a likelihood of his influencing the material witnesses,” the court added.
The top court also noted that for cancelling bail granted by the court below, the higher court must consider whether any supervening circumstances have arisen or the conduct of the accused post-grant of bail demonstrates that it is no longer conducive to a fair trial to permit him to retain his freedom by enjoying the concession of bail during trial.
