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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

The Supreme Court quashed a High Court order granting anticipatory bail to a businessman accused of rape. A model alleged the accused lured her with job offers and raped her in a hotel. The High Court granted bail based on 'variations' in her account across supplementary statements. The Supreme Court held this wrong: the original FIR itself showed sufficient rape allegations; variations in supplementary statements made the same day or later were normal clarifications, not credibility defects. The Court stressed that the accused's wealth and influence posed witness-tampering risks, and crucially, that the prosecutrix had a statutory right to be heard on bail applications—a right wrongly denied. The bail bonds were cancelled.

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Criminal Procedure Bail and Bonds Rape and Sexual Assault Victim Rights Anticipatory Bail Evidence Casting Couch

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