A bench of Justices A K Sikri and Ashok Bhushan said that there was not enough material against the accused to disentitle him to the relief of anticipatory bail.
Advocate Shoeb Alam, appearing for the Bihar government, opposed the bail plea, insisting that Pandey had a role in the alleged molestation and that the process to declare him a proclaimed offender under Section 82 CrPC has already been initiated.
Appearing for the accused, senior advocate Vivek Tankha told the court that it was a fit case for grant of anticipatory bail.
In December, 2016, an FIR was registered by the alleged victim for outraging her modesty, criminal intimidation and various other sections of IPC, SC/ST Act and Protection of Children from Sexual Offences Act (POCSO).
The name of Brajesh Kumar subsequently figured during the investigation in the statements made by the complainant.
Earlier the Sessions Court and Patna High Court had rejected Pandey's anticipatory bail applications.
The apex court had on September 11, 2017, granted interim anticipatory bail to Kumar on the ground that his name had not been mentioned in the FIR.
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