Rape case: Delhi HC grants bail to director Sanoj Mishra
What's the story
The Delhi High Court has granted bail to director Sanoj Kumar Mishra, who was arrested in March for allegedly raping a woman, reported ANI.
The court's decision came after the victim filed an affidavit stating that she was in a consensual relationship with Mishra and had established physical relations with him.
She also claimed that her complaint was lodged under the influence of some of Mishra's rivals.
Court's remarks
'No reason to deprive liberty to the accused'
Justice Girish Kathpalia of the Delhi High Court granted bail to Mishra on Friday.
He said, "Considering the above circumstances, I find no reason to deprive liberty to the accused/applicant any further."
The court ordered Mishra's release on bail after he furnishes a personal bond of ₹10,000 with one surety of the same amount.
Judicial observations
'False complaints of sexual offenses cause immense damage'
The High Court further noted that this case is yet another instance of false complaints being lodged in sexual offense cases.
Justice Kathpalia observed, "Every false complaint of sexual offenses not just causes immense damage to the person accused but also creates cynicism and distrust across society."
"Such false complaints have to be dealt with sternly," he added.
Legal arguments
Mishra's counsel argued a lack of jurisdiction
Advocate Amit Chaddha and Aamir Chaudhary, representing Mishra, argued that he and the complainant had been in a live-in relationship for a long time.
They also claimed the alleged offense took place in Orcha, Madhya Pradesh, thus Delhi had no jurisdiction.
The complainant further testified that she has no objection if Mishra is released on bail.
Counteraction
High court directed action against complainant for false complaint
The SHO Nabi Karim said he has already started the process for registering an FIR against the complainant and others who allegedly conspired to complain against Mishra.
The High Court directed sending a copy of its order to the concerned DCP to ensure appropriate action is taken in accordance with the law.
Case background
Mishra's arrest followed the denial of anticipatory bail
Mishra was arrested on March 30 after the High Court denied his anticipatory bail plea.
He faces charges under IPC Sections 376 (rape), 354C (voyeurism), 313 (causing miscarriage without consent), 323 (causing hurt), and 506 (criminal intimidation).
His regular bail plea was dismissed by the trial court before he approached the High Court.
Mishra is best known for directing The Diary of West Bengal and offering a film to viral sensation Monalisa at the recent Maha Kumbh Mela.