In a significant development, the Supreme Court on Wednesday granted interim bail to a 23-year-old social media influencer accused of raping a 40-year-old woman, while making scathing observations about the Delhi Police’s handling of the case.
A bench of Justices B.V. Nagarathna and Satish Chandra Sharma expressed strong doubts about the applicability of Section 376 (rape) of the Indian Penal Code, noting the woman’s age and the fact that she had voluntarily traveled with the accused. “A single hand can’t clap. On what basis have you filed case under Section 376 of IPC. She is not a baby. The woman is 40 years old. 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 remarked.
The court’s decision to grant interim bail comes nine months after the accused’s incarceration, during which charges have yet to be framed. The bench deemed it a “fit case to grant interim bail” given the delay in the legal process.
The Supreme Court directed the accused to be produced before the trial court, where he will be granted interim bail subject to standard terms and conditions, including refraining from misusing his liberty or attempting to contact the woman. The court also questioned the influence of such individuals, asking, “Who gets influenced by such people?”
The accused had approached the apex court challenging a Delhi High Court order that denied him bail due to the gravity of the allegations.
According to the police complaint, the woman initially connected with the accused in 2021 for promoting her clothing brand. Their relationship soured after a dispute involving an iPhone the woman had arranged for him. The complaint alleges that in December 2021, the accused visited her Noida home to return money and apologize. He then allegedly persuaded her to travel for a brand shoot, during which he allegedly drugged her, sexually assaulted her in a secluded area in Delhi, stole money, and took nude photographs.
The complaint further states that the woman was subsequently coerced into traveling to Jammu, where she allegedly endured continued sexual abuse, extortion, and threats over a two-and-a-half-year period. An FIR was registered under various sections of the IPC, including rape, assault, criminal intimidation, and insulting the modesty of a woman.
