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Young Age Can't Be Ground To Grant Anticipatory Bail In A Gang Rape Case: MP HC [Read Order]

LiveLaw News Network
15 April 2017 8:52 AM GMT
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A Gwalior bench of Madhya Pradesh High Court has dismissed the anticipatory bail application of an accused in a gang rape case with observation that “the young age of the applicant is not a ground for grant of anticipatory bail”.

The applicant took the plea that he is a young boy aged about 21 years is a student and his detention in the jail would spoil the career.

In addition to it, the applicant took the ground that the prosecutrix has agreed to compromise the matter.

The prosecutrix a married woman lodged an FIR against the applicant alongwith four others for allegedly gang raped her.

Justice G. S. Ahluwalia said “considering the nature of the offence alleged to have been committed by the applicant, this court is of the view that the young age of the applicant is not a ground of anticipatory bail”.

Also the court rejected the contention of applicant to grant bail on ground of the prosecutrix has agreed for compromise.

“She (prosecutrix) has agreed to compromise the matter because of the advice given by the elderly members of the society, then it would be clear that she has not voluntarily agreed for compromise”,  the court said.

The complainant was subjected to rape on various occasions and under such circumstances the court said “the fact of compromise by the complainant cannot be a good ground for grant of anticipatory bail to the applicant”.

Read the Order here.

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