Bail Granted to Rape Accused to Marry Prosecutrix

The High Court of Madhya Pradesh at Indore Bench has passed an order in the Appeal of a Rape Accused, granting him temporary bail for a period of two months to marry prosecutrix.

Appellant Suraj Kushwaha was arrested on 12.02.2020 in connection with 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. As per prosecution story, the prosecutrix had lodged an FIR alleging that appellant committed rape upon her on the pretext of marriage.

Appellant filed a regular Bail application No. 217/2020  before Special Judge Dewas, District Dewas, however the same was rejected by the Court.

Feeling Aggrieved by the denial of regular Bail, the Appellant preferred an Appeal under Section 14-A(2) of the SC/ST (PA) Act, 1989, challenging the order dated 25.05.2020, rendered by Special Judge Dewas, District Dewas.

The Counsel for the Appellant submitted that the appellant is innocent and he has falsely been implicated in the present crime. The prosecutrix is a married lady. She has made allegations against the appellant in her statements recorded under Section 164 of Cr.P.C. that she was having 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.

The Counsel added that now the family members of both the parties are ready to solemnize their marriage and in this regard the prosecutrix has also given an affidavit before this Court. Looking to the aforesaid, learned counsel for the appellant prays for grant of bail to the appellant.

Justice S.K. Awasthi considering the fact that the appellant and the prosecutrix are major and now they are ready to solemnize marriage, allowed the appeal in part and granted temporary bail to the appeallant 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.

The operative portion of the order reads as under:

“Consequently, setting aside the impugned order, the appeal is hereby allowed in part. It is directed that the appellant shall be released on bail on 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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