SC cancels bail of rape accused after 'Bhaiyaa is back' posts on social media

The Supreme Court, on Thursday, cancelled the bail granted to a Madhya Pradesh student leader, who is the accused in a rape case. The apex court cited social media posts with congratulatory notes of 'Bhaiyaa is Back' after he was released on bail in a case of rape based on false promises of marriage.

The bench of Chief Justice N V Ramana, and Justices Krishna Murari and Hima Kohli, set aside the Madhya Pradesh High Court’s ruling that granted Shubhang Gontia relief on grounds of delay in lodging FIR while ignoring his criminal history.

Referring to social media posts, Justice Kohli, who authored the judgment, said: “They amplify the celebratory mood of the accused and his supporters on release from detention in less than two months for a grave offence that entails a sentence of not less than 10 years that may even extend to life.”

The bench also noted that this brazen conduct had evoked fear in the complainant’s mind about whether she would get a free and fair trial if Gontia remained at large, and there was a likelihood of him influencing material witnesses in the case.

The victim, for her part, had questioned the High Court’s order citing the supporters’ conduct after he was released; Gontia’s photographs had appeared in social media and his pictures were prominently displayed on posters and hoardings—along with faces of some influential members of society - welcoming him with captions such as 'Bhaiyaa is back', 'Back to Bhaiyaa', and 'Welcome to Role Janeman'.

However, Gontia claimed that he was a student leader, and the posters had nothing to do with the case.

In reply, the Bench said: “Emojis of crowns and hearts thrown in for good measure belie this version.”

According to the Bench, the captions to his photographs on social media highlight his "superior position" and the power wielded in society by him and his family and "its deleterious impact on the complainant".

In view of “supervening adverse circumstances”, the Bench quashed the High Court’s order and directed the accused to surrender within a week.

According to the FIR lodged by the complainant on June 21, 2021, Gontia induced her to develop a physical relationship on the false pretext of marriage. The FIR stated that since July 2019, after applying vermillion, he convinced the victim they were married. In July 2020, when the complainant got pregnant, Gontia, along with his sister, made her consume pills to undergo abortion. Subsequently, he started avoiding her and, on being confronted, refused to solemnise the marriage.