Why 'Bhaiyaa is Back' Posters of Rape Accused With 'Emojis of Crowns & Hearts' Led SC to Cancel Bail

The Supreme Court has cancelled the bail granted to a rape accused student youth wing leader after it was brought to the court’s notice that the accused was welcomed with posters of “Bhaiyaa is back” and “Welcome to role Janeman”.

Noting that the captions and the “abundant use of emojis of crown and hearts” indicated the power yielded by the accused, the bench — comprising Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli — said it had put fear in the mind of the complainant that she would not get a fair trial, Bar and Bench reported.

“The captions tagged to his photographs on the social media highlight the superior position and power wielded by the rape accused and his family in the society and its deleterious impact on the appellant/complainant,” the court observed.

According to the complaint, the accused had established physical relationship with the woman on the false pretext of marriage. The woman said he had put vermillion on her forehead and tied a ‘mangalsutra’ at a private ceremony but he did not acknowledge her as his wife in public.

The woman also said that once she conceived, she was forced to abort the baby and since then, the accused stopped returning her calls. When confronted, he refused to solemnise their marriage.

The accused was arrested after the woman filed a rape case but the Madhya Pradesh High Court granted him bail in November 2021.

The woman then knocked on the doors of the Supreme Court, pointing to the photos of the accused all over social media that showed the grand welcome accorded to him.

The Supreme Court noted that the posters with such captions welcoming the accused after being granted bail “amplify the celebratory mood of the accused and his supporters on his having been released from detention in less than two months of being taken into custody for a grave offence that entails sentence of not less than ten years that may even extend to life”.

The counsel for the accused argued that he is a student leader who belongs to a community that celebrates the festival “Maa Narmada Jayanti” and the posters were not related to his release.

However, the court said that the captions with emojis of crowns and hearts told a different story. It, therefore, cancelled the bail and ordered the accused to surrender within a week.

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