Wednesday, January 19, 2022
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Madhya Pradesh High Court dismisses bail application of rape accused

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A single bench of Justice Mohammad Faheem Anwar has dismissed the bail application of a rape accused, said to be the third such plea, saying the situation did not change.

During the hearing of the case, advocate Rajkamal Chaturvedi appeared on behalf of the applicant Hariram, resident of Bijawar, Chhatarpur, Bhaskar Pand appeared on behalf of the state to oppose the application.

The applicant’s counsel argued that the police of Bijawar police station of Chhatarpur lodged the FIR against the applicant under Sections 363, 366, 376, 442, 506 of IPC and Section 3-4 of the POCSO Act.

On November 14, 2018, the applicant’s bail application was dismissed on the basis of merit. After which he had again approached the High Court. On July 26, 2019, the second bail application of the accused was rejected. Due to which, the applicant had moved the High Court through the third bail application in 2020.

In the FIR lodged by the victim’s family, it has been alleged that the minor daughter was missing from school. When the minor was freed from the clutches of the accused, she informed the parents about the incident. Therefore, the report was lodged by reaching the police station. In her statement, she outlined the facts of coercion by the accused after her abduction.

During the hearing, the applicant’s advocate emphasized that the statements made by the witnesses in the case did not support the statement of the complainant. Since the applicant has been in judicial custody for a long time, he should be given the benefit of bail. This is also because accused is just 22 years old and this is the first crime registered against him, claimed the petitioner’s counsel.

In rebuttal, it was clarified by the state lawyer that the police investigation process is going on. Moreover, on the basis of this, the bail application was rejected twice in the past, the third application does not include a proper ground for bail. Therefore, the bail application should be dismissed.

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