The Supreme court of India set aside a decision of the Allahabad High Court in which bail was granted to a rape accused. The order caused a sense of disturbance to the Apex Court and thus it led to its repudiation. The bench comprising of Justices AM Khanwilkar, BR Gavai, and Hrishikesh Roy announced the judgment. The bench said, “We are disturbed to notice the manner in which the High Court has casually released the accused on bail despite having noted that he was involved in other serious offenses and had committed offense even while on bail". Thus, it was noted that he must be arrested and remain in jail as he had a connection with another crime which was committed while on bail.
The facts of the case are that the victim and the accused were in a ‘consensual relationship’. As claimed by the accused the victim was a minor and aged about 17-18 years of age. The relationship was based upon false promises made by the accused that he would marry her in the future. As per the accused, the victim while knowing the difference between pre and future marital sex consented to coitus with the accused. Thus, it cannot be said that the relationship was unconsented for. It was very much with the consent and understanding of both the parties. The accused, Rizwan was charged under Section 376 of the Indian Penal Code. Further, he was also charged under section 4 of the Prevention from Sexual Offenses Act. The High Court without paying any cognizance to the merits of the case gave its verdict of releasing the accused on bail. Later, when the accused was found to be linked with another crime then as per the directions of the supreme court was sent back to the prison.
The bench while allowing an appeal filed by the victim observed the judgment as impugned. It also stated that such an order cannot stand the test of judicial scrutiny.