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TMI Blog2018 (5) TMI 2159X X X X Extracts X X X X X X X X Extracts X X X X ..... omplainant 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 20-09-2023 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cancelled only on the ground that the Accused had not revealed his involvement in the 2G Spectrum case; (iii) All material witnesses have been examined during the course of the investigation and the cell phone recovered from his possession was sent to the forensic science laboratory, whose report is awaited; (iv) The Accused was granted regular bail during the pendency of the trial in the 2G Spectrum case and there was no allegation of a violation of the terms on which bail was granted. In the meantime, the Accused had travelled abroad with the permission of the Court; (v) The Accused is suffering from medial ailments; (vi) Though the alleged offences took place between July 2015 and January 2016, the complaint was lodged only on 10 January 2017; (vi) The complainant is an adult, who was cognizant of her actions; and (vii) The allegation of the complainant that the Accused had promised to marry her was a matter of trial and whether her consent was obtained by fraud could only be established during the course of the trial. 7 . Ms. Karuna Nundy, learned Counsel appearing on behalf of the Appellant submits that: (i) The allegations in the complaint are of a serious nat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he allegations of rape span over a period between July 2015 to January 2017, both in Mumbai and Hyderabad. Going by the case of the complainant, she voluntarily visited the Accused in Hyderabad during the course of a film shooting and stayed with him in a hotel on two occasions for which tickets were provided by the Accused. The relationship between the complainant and the Accused was of a consensual nature and the filing of a complaint nearly one year after the last contact between them indicates that it is an after-thought; (v) The explanation that the complaint was filed a year later because the complainant was undergoing treatment and had attempted to commit suicide has no factual basis and no medical record has been produced; (vi) The case in the complaint that the Accused had betrayed a promise to marry the complainant is sought to be given up in the course of the submission before this Court as well as in the rejoinder which has been filed in these proceedings. (vii) Supervening circumstances, for the cancellation of bail, must be of such a nature as to lead to the conclusion that the Accused does not deserve to be at liberty either by reason of a violation of the cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asises that while the liberty of the subject is an important consideration, the public interest in the proper administration of criminal justice is equally important: ...undoubtedly the courts have to adopt a liberal approach while considering bail applications of Accused persons. However, in a given case, if it is found that there is a possibility of interdicting fair trial by the Accused if released on bail, this public interest of fair trial would outweigh the personal interest of the Accused while undertaking the task of balancing the liberty of the Accused on the one hand and interest of the society to have a fair trial on the other hand. When the witnesses are not able to depose correctly in the court of law, it results in low rate of conviction and many times even hardened criminals escape the conviction. It shakes public confidence in the criminal justice delivery system. It is this need for larger public interest to ensure that criminal justice delivery system works efficiently, smoothly and in a fair manner that has to be given prime importance in such situations. 12. In a consistent line of precedent this Court has emphasised the distinction between the rejection of b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the Accused to retain his freedom by enjoying the concession of bail during the trial. 13. Having considered the rival submissions, we are not at this stage, inclined to delve into the merits of the allegations at any length in order to preclude the possibility of our observations influencing the course of the trial. Since the appeal has been argued at some length before the Court, we are indicating our reasons, though with a clarification-by way of abundant caution-that our observations are confined to the issues which arise here in an appeal against the order of the High Court granting bail Under Section 439. Having heard learned Counsel, we have arrived at the conclusion that the exercise of discretion by the High Court in the present case cannot be faulted. We must, at the outset, note that the case of the complainant is that the Accused had (as she described in the complaint) "been making false promises for getting married to her". This has been reiterated in the charge-sheet which has been submitted on 6 March 2018. At this stage, all th ..... 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