The Supreme Court on Tuesday granted interim protection from arrest to an Armyman accused of raping a woman while issuing notice to the state of Uttar Pradesh and the complainant.
A bench of Justices Vineet Saran and B.R. Gavai noted the submissions 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 to marry the complainant and they were in a consensual relationship.
The complainant’s counsel pointed out that the incident was of 2019 and the FIR was registered in 2020, there is a gap. The alleged incident took place in a hotel.
Bench asked the Counsel, “Why did you go to the hotel room of a individual person at 8 pm? Why did you go at night to a person’s hotel room and have a cup of tea?” Thereafter, the Court directed the petitioner to implead 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, who has been accused of raping a woman, challenging the order of Allahabad High Court which had dismissed his anticipatory bail application.
Read Also: CBI probe into West Bengal violence: SC asks state govt to file counter-affidavit
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 and court also directed if accused fails to appear before the court within given period of time then no further time will be given to accused for surrendering and coercive action shall also be taken.