Legal Provisions Involved: Sections 69, 318(4), 3(5), 316(2) of the Bharatiya Nyaya Sanhita, 2023, Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 66E of the Information Technology Act, 2000
Judgement By: Supreme Court of India
Judge/Bench: Justice B.V. Nagarathna and Justice Ujjal Bhuyan
Facts
An NRI working as an IT professional in London was accused of rape on the promise of marriage by a woman who had earlier acted as his lawyer in a divorce matter. An FIR was registered against him and the Bombay High Court refused to grant anticipatory bail. The State also issued a Lookout Circular, a Blue Corner Notice, and declared him a proclaimed offender. The accused challenged this order before the Supreme Court.
Key Legal Provisions
- Sections 69, 318(4), 3(5), 316(2) of the Bharatiya Nyaya Sanhita, 2023
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Section 66E of the Information Technology Act, 2000.
Issues Raised
Whether the accused deserved anticipatory bail and whether strict steps like lookout and blue corner notices were justified at this stage?
Arguments of the Case
The accused stated that the relationship was consensual and had ended, and that there was no intention to marry from either side. The State and the complainant argued that the allegations were serious and bail should not be granted.
Judgement
The Supreme Court allowed the appeal and granted anticipatory bail. It stayed the lookout and blue corner notices and directed the accused to cooperate with the investigation and not influence witnesses.
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