HC grants Bail to the Applicant who was Accused of committing Rape; Prima Facie depicted that the victim was not coerced to record the video

 

A single judge bench of the Madhya Pradesh High Court comprising Justice Atul Sreedharan accessed the victim's statement, which was recorded under Section 164 and in which she claimed to have personally made a video of the alleged rape. The same prompted the Court to issue this order. Prima facie, no coercion or threat was reflected in the video taken by the victim.

Brief Facts:

The applicant was accused of committing rape against a married woman under sections 376, 376(2)(n), 456 and 506 of IPC. The accused filed an application under section 439 of CrPC for the grant of bail.

Contentions of the Respondents:

Respondent submitted that the applicant had threatened the victim with infamy and, after that, maintained sexual relations with her. The victim had a video of the alleged rape as well, and she has given that to the police. 

 

Observations of the Court:

The court was provided with the report of the said video of the alleged rape. The court observed that no act of coercion or any kind of conversation or threat between the victim and the accused can be attributed to the accused. 

Further, the report reflected that in that video, the sexual act was done in the presence of the other person, suspected to be the victim's husband. 

 

Decision:

The application was allowed, and the applicant was directed to furnish a personal bond of Rs 50,000/- with one solvent surety.

Case Title:  Jitendra Baghel v State of Madhya Pradesh 

 

Coram:  Justice Atul Sreedharan

Case No: Misc. Criminal Case No. 5792 of 2023

Advocates for Petitioner:  Ms. Sangeeta Panchuri 

 

Advocate for Respondent:  Shri Rajeev Upadhyay (for the state); Shri Nitin Goyal (for complainant)

Read Judgement 

 

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(With input from news agency language)

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