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Supreme Court dismisses anticipatory bail of rape accused

A three-judge bench headed by the Chief Justice S.A. Bobde, and Justices A.S. Bopanna and V. Ramasubramanian was hearing the anticipatory bail application filed by Anip Diwakar

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“In a rape matter, we are not granting anticipatory bail,” said the Supreme Cour CJI S.A. Bobde while dismissing the Anticipatory Bail plea filed by a man in connection with FIR for offences punishable under Sections 376, 506 Indian Penal Code.

A three-judge bench headed by the Chief Justice S.A. Bobde, and Justices A.S. Bopanna and V. Ramasubramanian was hearing the anticipatory bail application filed by Anip Diwakar accused in connection with a FIR registered against him for offences punishable under sections 376, 506 of the Indian Penal Code. 

The Madhya Pradesh Police has registered the FIR against the petitioner on a complaint by a woman for rape offences. The petitioner had filed his first anticipatory bail application before the Madhya Pradesh High Court on 02/02/2021, but the same was dismissed on merits. Then, he had filed the second anticipatory bail application which was dismissed too vide the Courts order dated, 12.02.2021. 

The Counsel for the petitioner had submitted before the High Court that the FIR registration into the alleged offences was delayed by a month, and the vehicle in which the prosecutrix was taken did not belong to the petitioner. He had submitted that first anticipatory bail application was dismissed on the ground that his medical examination to be done in custody. The Counsel had submitted that the accused would appear for his medical examination even if he is released on anticipatory bail. 

The Counsel for the respondent/ State had submitted that the matter is still under investigation and applicant is absconding. His call details record to be examined in order to deal with the allegations made by the prosecutrix, and there is no change of circumstances since his first bail rejection, he had added. 

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The High Court recorded the submissions and said,

“this Court in its earlier order has observed that grant of anticipatory bail is an extraordinary remedy, more so in a case of rape, when there is presumption that the prosecutrix would not lodge a false report because that would impinge upon her own dignity as well.” 

The High Court had held since there being no change in the circumstances in the present case, no case for anticipatory bail is made out. Accordingly the same is deserves to be and is hereby dismissed. 

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