IMPORTANT POINT
Lodging of FIR four days after grant of bail is not supervening circumstance to warrant cancellation of the bail.

JUDGMENT

Dr. D.Y. CHANDRACHUD, J.

1. Leave granted.

2. Bail was granted to the second respondent on 17 November 2017 by a learned single Judge of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh. The order forms the subject matter of the present appeal.

3. The second respondent (“the accused”) is a film producer, based in Mumbai. The complainant alleged, in a complaint which she filed on 10 January 2017, that in June 2014 she had enrolled in an institute which imparts training in film acting. She resided in a rented apartment in Mumbai. The complainant states that she became acquainted with the niece of the accused, who was to be married in December 2014. In the course of her visits to the home of her friend, the complainant became acquainted with the accused, who was producing a Hindi film. In July 2015 the accused is alleged to have invited himself to the home of the complainant. The accused and the complainant had wine. The complainant alleges that she felt dizzy after a few sips, and the accused forced himself upon her. It was after she regained senses that she realised that the accused had raped her. The accused left her apartment and when she called him, it is alleged that he threatened her of being in possession of her nude photographs and of his connections with the underworld. The complainant alleged that the accused continue to have a relationship with her; that he would come to her home in the hours of night and compel her to have sex with him, against her wishes. On 12 September 2015 it is alleged that he invited her to join him in Hyderabad where he was shooting a film. The complainant stayed with the accused in a hotel, when he is alleged to have raped her. She alleges that she visited Hyderabad again on October 12, 2015 and stayed with him, when he raped her. The complainant claims that she suffers from depression and had attempted suicide. The complainant alleged that the accused had been making false promises of marriage to her and was exploiting her continuously. A complaint was lodged before the Station Officer at Police Station, Hayathnagar in Hyderabad on 10 January 2017.

4. After investigation, a charge-sheet has been submitted on 6 March 2018, for offences punishable under Sections 376, 342, 493, 506 and 354 (C) of the Penal Code.

5. The accused was granted anticipatory bail by the Fourth Additional Metropolitan Sessions Judge, Hyderabad by an order dated 30 January 2017. The accused had the benefit of that order for a period of eight months. The order of anticipatory bail was cancelled by the Sessions Judge, principally on the ground that the accused had not disclosed the fact that he had been accused in the 2G Spectrum case (CC No.1 of 2011). The order of cancellation was affirmed by the High Court on 5 September 2017, and by this Court on 22 September 2017, though with the clarification that while dealing with the application under Section 439 of the Criminal Procedure Code 1973, the Court shall not be influenced by any of the observations made while cancelling anticipatory bail. The accused then moved an application under Section 439 for the grant of bail in Case Crime 33/2017, registered by the Hayathnagar Police Station for offences punishable under Sections 376, 342, 493, 506 and 354 (C) of the Penal Code.

6. The High Court has allowed the application for the grant of bail and has directed that the accused be released on executing a personal bond of Rs 50,000 with two sureties each in a like sum to the satisfaction of the Metropolitan Magistrate. The accused has been directed not to leave the country without the permission of the trial Court. In allowing the application, the High Court has relied upon the following circumstances:

(i) The accused was on anticipatory bail for a period of about eight months during the course of which there is no allegation of improper conduct;

(ii) The grant of anticipatory bail was cancelled only on the ground that the accused