'The Appellant And The Prosecutrix Are Ready To Solemnize Marriage', MP HC Grants 2-Month Bail To Rape Accused To Marry Complainant [Read Order]

The bench of Justice S.K. 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.

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

The background of the case

Appellant was arrested on 12.02.2020 in connection with the crime No.113/2020 registered at Police-Station City Kotwali, District Dewas in relation to offence punishable under Sections 376 2(N), 506 of I.P.C., and 3(1) (W-II), 3(2)(V), 3(2)(V-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) 1989.

Submissions of the parties

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.

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.

The prosecutrix made allegations against the appellant in her statements recorded under Section 164 of Cr.P.C. that she was having a love affair with the appellant and he made physical relation with her first on 15.02.2017, thereafter, he started coming to her house regularly and continued to have physical relationship with her.

On the insistence of appellant, she divorced her husband and thereafter the appellant refused to marry her.

It was further submitted that now the family members of both the parties were ready to solemnize their marriage and in this regard, the prosecutrix also gave an affidavit before the Court.

Looking to the aforesaid, the counsel for the appellant prayed for grant of bail to the appellant.

Court's Observation

The court in its order stated,

"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 prosecutrix." (emphasis supplied)

Consequently, setting aside the impugned order, the appeal was allowed in part. It was directed that the appellant shall be released on bail on the execution of personal bond in the sum of Rs.50,000 (Rupees Fifty thousand only) 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 also abide by the conditions enumerated under Section 437 (3) of Cr.P.C

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