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June 25, 2021
MP HC granted bail to rape accused to marry complainant woman
Judgement

MP HC granted bail to a man to marry the woman who accused him of rape on pretext of marriage

Earlier this month, the Madhya Pradesh High Court granted temporary bail to a man to marry the woman who accused him of rape on the pretext of marriage.

The appellant man was arrested in February this year, on the complaint of prosecutrix woman. He was arrested under IPC Sections 376 2(N), 506 and other acts under the SC/ST Act, 1989.

“As per prosecution story, the prosecutrix has lodged an FIR alleging that appellant committed rape upon her on the pretext of marriage” the bench noted.

The bench noted the Learned counsel for the appellant, submitted that “the appellant is innocent and he has falsely been implicated in the present crime“.

Learned counsel for the appellant man submitted that, the woman in her statements that “she was having love affair with the appellant and he made physical relation with her“. She has further stated that, “he started coming to her house regularly and continued to have physical relationship with her“.

The prosecutrix woman has also alleged that, she took divorce after the man insistence her, later he refused to marry her.

The Learned counsel further informed the court that both the parties are ready to marry and prosecutrix woman has submitted the affidavit before this Court.

The bench considering that both the appellant and the prosecutrix are major and both are ready to marry, Justice SK Awasthi allowed the temporary bail for two months to the appellant man on a personal bond of rupees 50,000.

“Looking to the fact that the appellant and the prosecutrix are major and now they are ready to solemnize marriage. In these circumstances, 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”, the bench said.

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