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Supreme Court of India 2023-03-17 allowed

MS. X vs THE STATE OF MAHARASHTRA AND ANOTHER

Bench: 2 — A.S. Bopanna, Hima Kohli

In Brief

A woman complained to police that a businessman lured her with a job offer, then sexually assaulted and raped her in a hotel. Police initially registered a case for outraging modesty; after recording her supplementary statements, rape charges were added. Despite this escalation, the High Court granted the accused anticipatory bail, citing 'variations' in her account. The Supreme Court quashed the bail, holding that the original FIR itself contained prima facie rape allegations; later statements merely elaborated the core facts. The Court emphasized the victim's statutory right to be heard on bail applications, which was denied. The bench reinforced principles requiring courts to seriously consider offence gravity and witness protection in bail decisions, especially in sexual assault cases."

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Criminal Law Rape and Sexual Assault Bail and Bond Anticipatory Bail Victim Rights Criminal Procedure Evidence and Credibility Police Investigation Gender-based Violence

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