MP HC Grants Bail To Man Accused Of Committing Rape As Video Recorded By Victim Herself Did Not Reflect Threat Or Coercion
The Madhya Pradesh High Court at Gwalior Bench granted bail to a man allegedly accused of committing rape on the ground that the video of the act purportedly recorded by the victim herself, did not reflect any kind of threat, force or coercion being held up to the victim.
The Bench of Justice Atul Sreedharan said that "Under the circumstances, in view of the above, and the looking to the period of incarceration undergone by the applicant herein, application is allowed."
Advocate Sangeeta Pachouri appeared for the applicant and Public Prosecutor Rajeev Upadhyay appeared for the respondent/State.
In this case, bail application under Section 439 of the Criminal Procedure Code,1973 was preferred by the applicant.
It was the case of the prosecution that the woman (victim) and her husband were involved in a land deal with the applicant for Rs. 9 lakhs. When the woman’s husband failed to get the promised land to the applicant and also failed to return the money, the applicant pressurised the woman to establish physical relations with him.
The Woman further claimed that amid the threats, the applicant raped her which she had recorded, and based on it, FIR for the offences punishable under Sections 376, 376(2)(n), 456, 506 of the Indian Penal Code was registered.
On the last date of the hearing, the Court had directed the Counsel for the State to go through the video purportedly recorded by the victim herself and had asked to file a report that whether the video reflected threat, resistance to the said act or whether it revealed consent.
It was brought to the notice of the Court that in the room where the victim was alleged to have been raped, there was a man lying on the steel cot with a child and the man was suspected to be her husband.
Further, it was revealed that the video did not show any kind of coercion or any type of conversation or threat, or force being used by the applicant upon the victim.
The Court considered the circumstances and directed that the applicant be enlarged on bail upon his furnishing a personal bond in the sum of Rs. 50,000/- with one solvent surety in the like amount to the satisfaction of the learned trial Court.
Accordingly, the bail application was allowed.
Cause Title- Jitendra Baghel v. The State of Madhya Pradesh