NEW DELHI: The Supreme Court on Wednesday granted interim bail to a 23-year-old social media influencer accused of raping a 40-year-old woman. The top court questioned the Delhi Police as to on what basis it filed a rape case against the man when the woman had gone voluntarily with him.
“A single hand can't clap. On what basis have you filed a case under Section 376 of IPC? She is not a baby. The woman is 40 years old," a bench of Justices BV Nagarathna and Satish Chandra Sharma said.
The court also came down heavily upon the Delhi Police.
The bench asked how could police file a rape case against the man, when the woman had gone voluntarily with him.
“They have gone together to Jammu. Why have you invoked 376? This lady goes to Jammu seven times, and the husband is not bothered,” the bench said.
The bench said it is willing to grant interim bail as the accused has been in jail for nine months and charges have not been framed in the case. The bench directed that the accused be produced before the trial court and granted interim bail subject to terms and conditions.
The bench ordered the appellant not to misuse his liberty and attempt to contact the woman.
The court passed the order while hearing a plea filed by the man against an order of the Delhi High Court, which declined to grant him bail considering the seriousness of the allegations.
As per the police complaint, the woman first came into contact with him in 2021 through social media. She sought help from social media influencer to promote her clothing brand.
An FIR was registered under Sections 376 (rape), 354 (assault on woman), 323 (voluntarily causing hurt), 506 (criminal intimidation), 509 (insulting the modesty of a woman) and 34 of the Indian Penal Code.
