In allowing the application, the High Court has relied upon the following circumstances The accused was on anticipatory bail for a period of about eight months during the companyrse of which there is numberallegation of improper companyduct The grant of anticipatory bail was cancelled only on the ground that the accused had number revealed his involvement in the 2G Spectrum case All material witnesses have been examined during the companyrse of the investigation and the cell phone recovered from his possession was sent to the forensic science laboratory, whose report is awaited The accused was granted regular bail during the pendency of the trial in the 2G Spectrum case and there was numberallegation 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 The accused is suffering from medial ailments Though the alleged offences took place between July 2015 and January 2016, the companyplaint was lodged only on 10 January 2017 The companyplainant is an adult, who was companynisant of her actions and The allegation of the companyplainant that the accused had promised to marry her was a matter of trial and whether her companysent was obtained by fraud companyld only be established during the companyrse of the trial.
4 After investigation, a charge sheet has been submitted on 6 March 2018, for offences punishable under Sections 376, 342, 493, 506 and 354 C of the Penal Code.
5 The accused was granted anticipatory bail by the Fourth Additional Metropolitan Sessions Judge, Hyderabad by an order dated 30 January 2017.
The accused then moved an application under Section 439 for the grant of bail in Case Crime 33/2017, registered by the Hayathnagar Police Station for offences punishable under Sections 376, 342, 493, 506 and 354 C of the Penal Code.
6 The High Court has allowed the application for the grant of bail and has directed that the accused be released on executing a personal bond of Rs 50,000 with two sureties each in a like sum to the satisfaction of the Metropolitan Magistrate.
The companyplainant alleged, in a companyplaint which she filed on 10 January 2017, that in June 2014 she had enrolled in an institute which imparts training in film acting.
The accused left her apartment and when she called him, it is alleged that he threatened her of being in possession of her nude photographs and of his companynections with the underworld.
2 Bail was granted to the second respondent on 17 November 2017 by a learned single Judge of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh.
The companyplainant alleged that the accused had been making false promises of marriage to her and was exploiting her companytinuously.
The companyplainant alleged that the accused companytinue to have a relationship with her that he would companye to her home in the hours of night and companypel her to have sex with him, against her wishes.
The companyplainant claims that she suffers from depression and had attempted suicide.
DEEPAK GUGLANI Date 2018.05.17 154400 IST The second respondent the accused is a film producer, based in Reason Mumbai.
On 12 September 2015 it is alleged that he invited her to join him in Hyderabad where he was shooting a film.
The order of anticipatory bail was cancelled by the Sessions Judge, principally on the ground that the accused had number disclosed the fact that he had been accused in the 2G Spectrum case CC No.1 of 2011 .
The order of cancellation was affirmed by the High Court on 5 September 2017, and by this Court on 22 September 2017, though with the clarification that while dealing with the application under Section 439 of the Criminal Procedure Code 1973, the Court shall number be influenced by any of the observations made while cancelling anticipatory bail.
A companyplaint was lodged before the Station Officer at Police Station, Hayathnagar in Hyderabad on 10 January 2017.
It was after she regained senses that she realised that the accused had raped her.
She alleges that she visited Hyderabad again on October 12, 2015 and stayed with him, when he raped her.
The accused has been directed number to leave the companyntry without the permission of the trial Court.
The companyplainant alleges that she felt dizzy after a few sips, and the accused forced himself upon her.
The companyplainant stayed with the accused in a hotel, when he is alleged to have raped her.
In July 2015 the accused is alleged to have invited himself to the home of the companyplainant.
The accused had the benefit of that order for a period of eight months.
Signature Not Verified Digitally signed by 3.
In the companyrse of her visits to the home of her friend, the companyplainant became acquainted with the accused, who was producing a Hindi film.
Dr D Y CHANDRACHUD, J 1 Leave granted.
The accused and the companyplainant had wine.
The companyplainant states that she became acquainted with the niece of the accused, who was to be married in December 2014.
She resided in a rented apartment in Mumbai.
The order forms the subject matter of the present appeal.
