“It Takes Two Hands to Clap”: Supreme Court Questions Rape Charges, Grants Interim Bail to Influencer

The Supreme Court on Wednesday granted interim bail to a 23-year-old social media influencer in a rape case, noting that he had been in jail for nine months and charges had yet to be framed. The court also remarked that the woman involved was not a child and that “it takes two hands to clap.” The bench of Justices B. V. Nagarathna and Satish Chandra Sharma made sharp observations, questioning how Delhi Police registered a rape case when the woman had willingly accompanied the accused.

The Court commented, “It takes two hands to clap. On what basis have you registered a case under Section 376 of the IPC? She is not a child. The woman is 40 years old. Both travelled together to Jammu. Why was Section 376 applied? This woman visited Jammu seven times, and her husband did not object.” The Court held that the case merited interim bail as the accused had been incarcerated for nine months without charges being framed. The accused was directed to appear before the trial court and was granted interim bail subject to conditions. The bench also made it clear that the accused must not misuse his liberty or attempt to contact the woman.

This hearing pertained to a petition filed by the accused against a Delhi High Court order that had denied him bail, citing the seriousness of the charges. According to the police complaint, the woman first met the accused in 2021 through social media while seeking an influencer to promote her clothing brand. During initial interactions, the accused allegedly demanded an iPhone for content creation, which the woman provided from an authorized Apple store in Jammu. However, their professional relationship soured when the accused attempted to resell the phone. Though the store refunded her money, ₹20,000 was deducted. The accused promised to return the money, but the woman decided to sever all ties.

In December 2021, the accused came to the woman’s residence in Noida to return the ₹20,000 and apologize. He then persuaded her to accompany him to Connaught Place for a brand shoot. During the journey, he allegedly gave her spiked sweets, causing her to lose consciousness. Claiming he would take her to Hindu Rao Hospital, he instead allegedly took her to a secluded spot behind the hospital where he raped her, stole money from her purse, and took objectionable photographs. Thereafter, as per the complaint, he blackmailed and took her to Jammu, where she was allegedly subjected to sexual exploitation, extortion, and threats over the next two and a half years.

The FIR includes charges under IPC Sections 376 (rape), 354 (assault on a woman), 323 (voluntarily causing hurt), 506 (criminal intimidation), 509 (outraging modesty of a woman), and 34 (common intention).