The Supreme Court has granted anticipatory bail to a man accused of raping a minor in Bihar, noting he was cooperating with the investigation.
A bench of Justices AS Bopanna and Dipankar Dutta granted the relief.
“Though at this stage it is submitted that investigation is not complete and the charge sheet is yet to be filed, there is no complaint against the petitioner that he has not participated in the investigation as and when called to do so.
“If that be the position, there is no reason for us to alter the order granting interim protection by us,” the bench said.
The apex court said its interim order dated December 16, 2022 granting the man anticipatory bail will be in operation till the probe got over, subject to the petitioner diligently participating in further investigation.
The man was made an accused in an FIR lodged in 2021 under various sections of Indian Penal Code and Protection of Children from Sexual Offences Act (POCSO).
Appearing for the accused, advocate Namit Saxena submitted the allegations against the petitioner are false.
He said the petitioner being a government servant was on duty at the time of alleged commission of offence.
Saxena said the medical report clearly lays down no rape was committed upon the minor and so the accused was entitled to be granted the benefit of anticipatory bail.
