‘The Appellant And The Prosecutrix Are Ready To Solemnize Marriage’, MP HC Grants 2-Month Bail To Rape Accused To Marry Complainant

MP High Court puts bail condition: Asks the arrested person to “Go for counseling”

The Madhya Pradesh HC (Indore Bench) granted temporary two-month bail to a man so that during this period the appellant can solemnize the marriage with the complainant.

A bench of Justice SK Awasthi was hearing the plea of the appellant who had preferred an appeal under section 14 A (2) of the SC/ST (PA) Act 1989, feeling aggrieved with the order dated 25.05.2020, rendered by Special Judge Dewas, District Dewas, in bail no. 217/2020 whereby his prayer for regular bail was declined.

The fact was that the appellant was accused of repeatedly raping her (the complainant). On the insistence of appellant, the prosecutrix had even divorced her husband and thereafter the appellant went back on his promise to marry her.

Earlier in February 2020, the appellant was arrested for the crime in relation to offences punishable under section 376 2 (N), 506 of IPC and other sections of SC/ST Act 1989.

As per the prosecution’s case, the prosecutrix had lodged an FIR alleging that the appellant committed rape upon her on the pretext of marriage. But on the other hand, the counsel for the appellant submitted that he was innocent and he was falsely implicated in the present crime. It was argued that the prosecutrix is a married lady.

However, the court looking at the fact that the appellant and the prosecutrix are major and now they are ready to solemnize the marriage. In these circumstances, the present appeal is allowed in part and the appellant is granted temporary bail for a period of two months from the date of his release so that during this period the appellant can solemnize the marriage with the complainant.

It was directed by the appellant shall be released on bail on the execution of personal bond in the sum of Rs 50,000 with a solvent surety in the like amount to the satisfaction of the learned trial court and the appellant shall surrender before the trial court on 03.11.2020 and shall abide by the conditions enumerated under section 437 (3) of CrPC.

Devika Paliwal
I am Devika Paliwal, student of BBA LLB (Hons.) spz. in Banking and Finance at University of Petroleum and energy Studies, Dehradun. I have gained experience by interning at various places such as Law firms, High court, RERA Court, etc. Being a law student my area of interest lies in Banking laws, Criminal laws, Corporate laws. I'm an inquisitive person and always like to brush up my skills by reading more and more. Apart from indulging in academics, I'm really fond of cooking delicacy food.