Delhi HC grants bail to film director in rape case, notes trend of false complaints of sexual offences

New Delhi: The Delhi High Court has granted bail to film director Sanoj Kumar Mishra, who was accused of raping a woman, saying the case reflected the recent trend of lodging false complaints of sexual offences.

The high court noted that the woman in her affidavit testified that she was living in a relationship with Mishra and had established physical relations with him with consent, and had lodged the complaint under the influence of some of his rivals.

Justice Girish Kathpalia was informed by the SHO of Nabi Karim that he has already initiated the process for registration of an FIR against the complainant woman and all those persons who allegedly conspired to make her lodge false complaint against the accused.

“This is yet another case, reflecting the recent trend of lodging false complaints of sexual offences. Every false complaint of sexual offences not just causes immense damage to the person accused of the offence, but also creates cynicism and distrust across the society, which leads to even the genuine victims of sexual offences suffer, as society starts suspecting her truthful complaint also to be false. Such false complaints have to be dealt with sternly,” The high court said in its order passed on May 30.

Senior advocate Amit Chadha, appearing for Mishra, submitted that his client has been falsely implicated by the complainant to allegedly compel him to give her a break in the film industry.

The counsel contended that the accused and the prosecutrix were in live-in relationship for a long time, that too in Mumbai, and according to the prosecution, the alleged offence took place in Orcha, Madhya Pradesh, so Delhi had no jurisdiction.

The court also noted that in the affidavit, the complainant has also testified that she has no objection if the accused is released on bail.

Considering the circumstances, Justice Kathpalia said he found no reason to deprive liberty to the accused any further.

The court granted him bail on furnishing of a personal bond of Rs 10,000 and a surety of the like amount.

Earlier, the high court had denied anticipatory bail to Mishra after which he was arrested on March 30 in connection with offences alleged under Section 376 (rape), 354C (voyeurism), 313 (causing miscarriage without consent), 323 (causing hurt) and 506 (criminal intimidation) of IPC.