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Madhya Pradesh HC grants bail to a man with condition to protect complainant woman for all times to come

Madhya Pradesh HC grants bail to a man on a condition to protect complainant woman for all the time to come
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Madhya Pradesh HC while granting bail to a man accused of outraging woman’s modesty with a condition to protect complainant woman for all times to come. The bench also requested the complainant woman to tie the Rakhi band to him with a promise to protect her.

Thurday, Justice Rohit Arya, while allowong the bail directed the petitioner man to visit the complainant’s house with his wife carrying sweets, clothes for her son and also directed the petitioner man to pay Rs 11,000 to the complainant woman as a customary ritual.

the applicant along with his wife shall visit the house of the complainant with Rakhi thread / band on 03rd August, 2020 at 11:00 am with a box of sweets and request the complainant-Sarda Bai to tie the Rakhi band to him with the promise to protect her to the best of his ability for all times to come. He shall also tender Rs.11,000/- (Rs. Eleven Thousand Only) to the complainant as a customary ritual usually offered by the brothers to sisters on such occasion and shall also seek her blessings. The applicant shall also tender Rs.5,000/- to the son of the complainant-Vishal for purchase of clothes and sweets.”

In the case, the complainant woman has alleged that on 20 APr 2020, the man entered into her house and hold her hand attempting to “outrage her modesty”.

However the petitioner man, who is also neighbour of the complainant woman, has denied all her allegations and stated that, the woman has filed false case after he asked his money back from the complainant’s husband.

“The complainant’s husband had taken exception thereto and as a sequel to the demand, filed the instant false case against the present applicant. Besides, the applicant is a married persons and cannot think of entering the house of the neighbour to outrage the modesty of a women/ complainant.”

The bench considering that the petitioner man was in jail for almost 2 months, bench said that “he is no more required for further custodial interrogation”.

“..but regard being had to the fact that the applicant has already suffered jail incarceration for more than two months, he is no more required for further custodial interrogation, therefore, he is held entitled for enlargement on bail. Consequently, the application of the applicant filed under Section 439 of the Cr.P.C., is hereby allowed.”

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