10 July 2025 Bail and Antcipatory Bail >> Criminal Law   |   Rape >> Criminal Law  

The Madhya Pradesh High Court has granted bail to an applicant accused of rape, in a case registered at Janakganj Police Station, Gwalior. The applicant had filed a second application for bail, as the first was withdrawn with liberty to re-apply after the charge-sheet was filed. The charge-sheet has now been submitted by the police.

The prosecution alleges that the applicant, without being named, repeatedly committed rape on the prosecutrix under the false pretext of marriage and threatened her.

The defense counsel for the applicant argued that he is innocent and was falsely implicated. The counsel pointed out that the prosecutrix, a 27-year-old major, was a "consenting party" and that the First Information Report (FIR) was filed with a delay of approximately two months, which was unexplained. A key part of the defense's argument was that the prosecutrix had previously lodged a similar FIR against another individual, suggesting a pattern of making false allegations.

In opposition, the learned counsels for the State and the complainant strongly opposed the bail application, arguing that a prior FIR against another person does not negate the current offense. They maintained that the prosecutrix was involved in a relationship with the applicant under the "false pretext of marriage."

After considering the facts and circumstances of the case, and without expressing any opinion on the merits, the High Court allowed the bail application. The applicant was directed to be released on bail upon furnishing a personal bond of Rs. 50,000 with one solvent surety. The order is subject to a set of conditions, including cooperating with the investigation and trial, refraining from threatening witnesses, not committing any similar offenses in the future, and not leaving India without prior court permission. The court also specified that if the applicant is found to be involved in a similar offense, the bail order would be automatically canceled.