'Prolonged Pre-Trial Detention Anathema To Liberty': MP High Court Grants Bail To Rape Accused Where Victim Turned Hostile

While granting bail to a man accused of rape, the Madhya Pradesh High Court remarked that prolonged pre-trial detention is an anathema to liberty after noting that the trial was not likely to conclude in the near future and that the prosecutrix had turned hostile. 

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 had approached the High Court seeking bail for the offences punishable under kidnapping (Section 363), Kidnapping, abducting or inducing a woman to compel her marriage (Section 366), and rape (Section 376) of the IPC and Sections 3 and 4 of the POCSO Act. 

The counsel for the applicant contended that he was falsely accused in the case and that the prosecutrix had left her house with her own will. It was further submitted that she had turned hostile and did not support the case. It was argued that the applicant was a first offender with no prior criminal antecedents. 

Noting that trial will take time the court directed, "that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court".

Case Title: X v State (MCRC-42422-2025)

For Applicant: Advocate Arjun Singh Kushwah

For State: Advocate V P S Tomar

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