Prolonged Pre-Trial Detention Anathema To Liberty: Madhya Pradesh High Court Grants Bail To Rape Accused After Victim Turns Hostile

The Madhya Pradesh High Court has granted bail to a man accused of rape after the victim turned hostile and the possibility of conclusion of trial in near future was not likely has observed that prolonged pre-trial detention is an anathema to the concept of liberty.

The Court was considering a Bail Application in a case registered in relation to the offence punishable under Sections 363, 366, 376, 376 (3) of the Indian Penal Code and Section 3/4 of the Protection of Children from Sexual Offences (POCSO) Act.

The Bench of Justice Milind Ramesh Phadke observed, "Considering the overall facts and circumstances of the case, nature of allegations and looking to the Court statement of the prosecutrix as she turned hostile and not supported the case of the prosecution, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant."

The Applicant was represented by Advocate Arjun Singh Kushwah, while the respondent was represented by Advocate V P S Tomar.

As per the case of the prosecution, the allegation against the present Applicant was that he committed rape upon the prosecutrix, who is aged 19 years. Counsel for the Applicant submitted that he has been falsely implicated in the case and has not committed any offence as the prosecutrix had left her house to her own will.

He further submitted that the prosecutrix has been examined during trial and in her Court statement, she has turned hostile and had not supported the case of the prosecution. It was submitted that the Applicant is the first offender and he has no criminal past and the trial will take time for its conclusion. The applicant is a permanent resident of District Guna and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed.

The Court granted him bail without expressing any opinion on the merits of the case and directed to furnishing a personal bond in the sum of Rs.50,000/-.

The Application was accordingly allowed.

Cause Title: Kamal Kishore Kushwaha @Kalle @Radhe v. The State of Madhya Pradesh And Others (2025:MPHC-GWL:23429)

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