New Delhi, May 24 (ILNS) The Supreme Court today granted interim protection from arrest to an Armyman accused for raping a woman, while issuing notice to the state of Uttar Pradesh and the complainant in the case.
The Bench of Justices Vineet Saran and BR Gavai noted the submissions made by the petitioner’s Counsel that the relationship was consensual, and the petitioner has been harassed in the matter.
“Issued notice and looking into the facts and circumstances of the matter, the petitioner shall not be arrested,’ said the Court.
During the hearing, the petitioner’s Counsel submitted that in 2017, there was a proposal by the petitioner to marry the complainant and they were in consensual relationship.
The complainant’s Counsel pointed out that the incident was of 2019 and the FIR was registered in 2020, meaning there is a gap. The alleged incident took place in a hotel.
The Bench asked the Counsel, “Why did you go at 8 PM to the hotel room of a individual person and have a cup of tea? Why there is a hotel room at night, it was consensual.”
Thereafter, the Court directed the petitioner to implead the complainant as respondent no 2, and issued notice. The Court would hear the matter after six weeks.
The apex court was hearing the petition filed by Atul Dwivedi, accused for raping a woman. He challenged the order of the Allahabad High Court, which had dismissed his anticipatory bail application.
The Single-Judge Bench of Allahabad High Court of Justice Siddharth, had dismissed the Anticipatory Bail of the rape accused and he was directed to appear and surrender in court within 90 days without any coercive action. The High Court also directed that if the accused failed to appear before the Court within the given period of time, then no further time will be given to the accused for surrendering and coercive action shall also be taken. ILNS/AYU/RJ