Appellant a Gang Rape Accused, approached the Madhya Pradesh High Court challenging the order passed by the Special Judge, S.C./S.T (Prevention of Atrocities) Act, Jabalpur.
It was submitted to the Court that the appellant has been in custody since 05.09.2018 and should be released on bail.
Hon’ble Judge held that as it was a case of gangrape, the appellant should not be released on bail.
Why was an appeal filed before the High Court?
Counsel for the appellant stated that the appellant has been languishing in jail since 2018, and there has been considerable delay in filing the FIR.
Learned Counsel further stated that there is no direct or indirect allegation against the appellant.
It was also submitted that the prosecutrix is legally married to the appellant.
Also, there was no likelihood that the appellant will abscond or tamper with the evidence.
Respondent opposed the bail application of Gang Rape Accused.
Respondent’s Counsel opposed the bail application and argued that
it was a case of gang rape, and the prosecutrix has clearly stated that the appellant was involved in the act.
Delay in lodging the FIR is no ground to grant bail, observes Hon’ble Court.
After considering the case on merit, the Court held that the appellant should not be released on bail due to the severe nature of allegations.
The Court observed that delay in lodging the FIR is not so strong a ground that the appellant should be released on bail.
Accordingly, the appeal was dismissed.
Title: Harishchandra vs State of Madhya Pradesh
Case No.: CRA-3608-2020
Date of Order: 16.10.2020
Coram: Hon’ble Justice Akhil Kumar Srivastava