'Single hand can't clap': Supreme Court grants interim bail to influencer in rape case

'This lady goes to Jammu seven times and the husband is not bothered,' the court observed.

New Delhi: The Supreme Court on Wednesday gave interim bail to a 23-year-old accused of raping a 40-year-old, noting that charges had not been framed even though he has been in jail for nine months. It also said the woman was "not a baby" and "a single hand can't clap".

In scathing comments, a bench comprising Justices B V Nagarathna and Satish Chandra Sharma also asked how Delhi Police could file a rape case against the man, a social media influencer, when the woman had gone voluntarily with him.

"A single hand can't clap. On what basis have you filed case under Section 376 of IPC. She is not a baby. The woman is 40 years old. They have gone together to Jammu. Why have you invoked 376. This lady goes to Jammu seven times and the husband is not bothered," the bench observed.

The top court said this is a fit case to grant interim bail as the accused has been in jail for nine months and charges have not been framed in the case.

The apex court directed that the accused be produced before trial court and granted interim bail subject to terms and conditions. He shall not misuse his liberty and not attempt to contact the woman, the bench said.

The apex court also remarked on the man, asking, "Who gets influenced by such people?" The top court was hearing a plea filed by the man against an order of the Delhi High Court which declined to grant him bail considering the seriousness of the allegations.

According to the police complaint, the woman first came into contact with him in 2021 through social media while seeking a social media influencer to promote her clothing brand.

During initial interactions, the accused allegedly requested an iPhone to enhance content creation, which she arranged through an authorised Apple Store in Jammu.

However, their professional relationship soured after the accused attempted to resell the device. The authorised seller returned the money in the account of the woman, but after deducting Rs 20,000. Although he promised to return the money the woman after a while decided to end all ties with him, the complaint stated.

In December 2021, the man visited the woman at her house in Noida to return the Rs 20,000 and apologise. He subsequently persuaded her to travel for a brand shoot in Connaught Place. During the journey, the accused allegedly gave her sweets laced with intoxicants and she lost consciousness.

Contrary to assurances that she would be taken to Hindu Rao Hospital, the man allegedly took her to a secluded area behind the hospital, sexually assaulted her, stole money from her purse, and captured her nude photographs.

Thereafter, the woman was allegedly coerced into travelling to Jammu where she was subjected to continued sexual abuse, extortion, and threats over a two-and-a-half-year period, according to the complaint.

An FIR was registered under Sections 376 (rape), 354 (assault on woman), 323 (voluntarily causing hurt), 506 (criminal intimidation), 509 (insulting the modesty of a woman) and 34 of the Indian Penal Code.