Case Background:

In a recent landmark case, Advocate Dr. Ajay Kumar Pandey, alongside Advocate-on-Record Mohit Daraad, successfully secured a notice issued to the state of Jharkhand by the Supreme Court in an anticipatory bail application. This case revolved around an alleged rape charge under various sections of the Indian Penal Code (IPC), brought against a young UPSC aspirant by a woman he had met on a social platform, shaddi.com.

Chronology of Events:

The petitioner and the complainant initially met on shaddi.com and engaged in conversations, eventually leading to an invitation from the complainant for the petitioner to visit her hometown. Over the course of several visits, during which the petitioner stayed with the complainant’s family, a consensual sexual relationship was established. However, the relationship soured, and the complainant filed a rape case against the petitioner, alleging that the consent was obtained under the pretext of marriage and did not remain consensual throughout.

Legal Proceedings:

Upon the complaint, an FIR was lodged by the police on the court’s order, and the case was categorized as a special category case by the District Superintendent of Police (SP), with the SDPO appointed to supervise the investigation. Both the trial court and the High Court of Ranchi upheld the complaint, asserting that while initial consent may have been present, it did not persist, thus categorizing the act as rape on the pretext of marriage. The High Court also noted the presence of a 90-day old foetus at the time of the victim’s medical examination.

Supreme Court Intervention:

Recognizing the critical evidentiary contradictions and procedural oversights in the lower courts, Advocate Dr. Ajay Kumar Pandey meticulously drafted an appeal to the Supreme Court. Despite the procedural complexities and the high stakes involved, the deftly crafted petition was presented before the vacation bench of the Supreme Court.

Outcome:

In a significant victory, the Supreme Court issued a notice to the state of Jharkhand, marking a pivotal step in the anticipatory bail application. Furthermore, the Court ordered no arrest of the petitioner until the next listing, providing a substantial relief to the young UPSC aspirant. This decision underscores the importance of thorough legal scrutiny and the role of higher judiciary in ensuring justice.

Conclusion:

This case exemplifies the crucial role of skilled legal representation in navigating complex legal landscapes. The success achieved by Advocate Dr. Ajay Kumar Pandey and AOR Mohit Daraad not only safeguarded the rights of the petitioner but also highlighted the significance of detailed and effective legal advocacy in the highest court of the land.

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