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‘Bhaiyaa is back’ rape accusation posters with emojis of crowns and hearts demonstrate his power: The Supreme Court has revoked bail.

6 MAY 2022

‘Bhaiyaa is back’ rape accusation posters with emojis of crowns and hearts demonstrate his power: The Supreme Court has revoked bail.

The Supreme Court on Thursday cancelled the bail granted by the Madhya Pradesh High Court to a rape accused student youth wing leader after it  brought to the Court’s attention that; the accused  welcomed with posters reading “Bhaiyaa is back” and “Welcome to role Janeman” [Ms. P vs State of Madhya Pradesh].

She also accused of being compelled to have an abortion; when she became pregnant. He began to ignore her and stopped returning her calls after that; he flatly refused to solemnize their marriage when confronted by the plaintiff.

Then she filed a rape complaint, and the culprit apprehended.

In November 2021, the Madhya Pradesh High Court granted him bail.

The complainant woman subsequently filed an appeal with the Supreme Court, pointing out that; photos of the accused circulated on social media following his release on bail.

In the background of the photos, posters with the pictures of some of society’s most powerful people, welcoming him with captions like “Bhaiyaa is back,” “Back to Bhaiyaa,” and “Welcome to Role Janeman.”

According to the Supreme Court, the following are some of the;   circumstances in which bail granted;  to an accused under Section 439 (1) of the Code of Criminal Procedure can be revoked:
  1. a) If he abuses his liberty by engaging in similar/other criminal activities; b) If he obstructs the investigation’s progress;
  2.  he tampers with the evidence
  3.  tries to intimidate or threaten the witnesses;
  4. If he tries or succeeds in avoiding legal proceedings;
  5.  Engages in activities that obstruct the investigation;
  6.  he’s planning to depart the nation;
  7.  If he tries to hide his identity by going underground and/or making himself unreachable to the investigators;
  8. Attempts to place himself beyond the reach of his surety. If any facts may emerge after the grant of bail which is considered unconducive to a fair trial.

The captions on the posters, along with the abundant use of emojis of crowns and hearts, indicated the power wielded by the accused in society, according to a bench consisting of Chief Justice of India NV Ramana, Justices Krishna Murari, and Hima Kohli. This has given the complainant fear that she will not get a fair trial.

As a result, the bail revoked and the accused ordered to surrender within a week.

The bench made it plain that “this order shall not bar the respondent No.2 from seeking bail again at a later point if any new circumstances come to light.”.

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