-Report by Monishka Allahbadi
The Supreme Court recently granted pre-arrest bail to a man accused of rape. An FIR for the crime of repeatedly committing rape on the same lady (Section 376(2)(n)) was filed against an accused.
In the case of ANSAAR MOHAMMAD v. THE STATE OF RAJASTHAN & ANR, an appeal was preferred before the Supreme Court bench of Justices Hemant Gupta and Vikram Nath about the Rajasthan High Court’s decision denying an anticipatory bail.
The complainant had admitted that she had been in a four-year relationship with the appellant. Additionally, it was stated by the complainant’s attorney that she was 21 years old at the time the connection started.
An application for pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 was denied for offenses under Sections 376(2)(n), 377, and 506 IPC by the Rajasthan High Court. Ansaar Mohammad filed a petition with the Supreme Court to overturn this decision. The Apex court granted anticipatory bail to the accused.
“we allow the present appeal and set aside the order of the High Court. The appellant is ordered to be released on bail to the satisfaction of the competent authority. It is made clear that the observations in the present order are only for the purposes of deciding the pre-arrest bail application. The investigation shall proceed uninfluenced by the observations made in the present order.”
All pending applications in relation to the bail application were also disposed of.