STATE TIMES NEWS
JAMMU: The Supreme Court upheld the order of J&K High Court (HC) wherein aforesaid court has granted anticipatory bail to Major Anoop Kumar, who had been allegedly booked for rape and abetment to suicide in much publicized Major Anita rape and suicide case.
Supreme Court (SC) bench comprising Justice N.V Ramana and Justice Prafulla C Pant rejected the petition filed by one Sunita Devi, sister of Late Major Anita Kumari who had committed suicide at her official quarter in Bari Brahmana, seeking permission to file an Special Leave Petition (SLP) against the aforesaid order.
SC Bench after hearing the counsels for the parties ordered that permission to file SLP is rejected.
The Court observed that the case is of live-in relation and both were having consensual relations and therefore the case of 376 RPC (Rape) was not made out.
Advocates Sunil Fernandes, Astha Sharma, Mithu Jain and Arnav Vidi appeared for the petitioner who had prayed for arrest of the accused Major Anoop Kumar.
The respondent Major Anoop Kumar was on caveat through Advocates A.K Sawhney and Aseem Sawhney.
The counsels who appeared for the respondent before the Supreme Court included Dharmendra Kumar Sinha, Advocate on Record, Subodh Kumar Pathak and Umesh Babu Chaurasia.
Justice Alok Aradhe of Jammu and Kashmir High Court had granted pre-arrest bail to Major Anoop in the Major Anita Kumari suicide case on 23rd February, 2017. After hearing Advocate Aseem Sawhney, appearing for the petitioner, the Court observed that both the petitioner and the deceased have been well educated and the deceased was serving as an officer in the Army. From the perusal of the material available on record, it transpired that the deceased was in live-in relationship with the petitioner for the past about five years. The Court further observed that in view of the law laid down in Akshay Manoj Jaisinghani prima facie offence under Section 376 RPC is not made out in the case.
Major Anita Kumari had committed suicide on 15th December, 2016 by shooting self with her pistol but the Police had booked Major Anoop Kumar and her Ex-husband in the FIR lodged for offences of rape and abetment to suicide.
It was further observed by the High Court that though the petitioner has been named in the suicide note yet the fact remains that prima facie there is no material on record to suggest any act of abetment on the part of petitioner for commission of suicide by the deceased.
With these observations, the Court granted anticipatory bail to the petitioner subject to the condition that he shall make himself available for investigation as and when required.
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