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Madhya Pradesh HC: Bail Granted on a Peculiar Condition; Accused to Visit Recidence of the Complainant, Request her to Tie Rakhi & Promise to Protct Her
The Madhya Pradesh Indore bench comprising of one judge Justice Rohit Arya delivered a rather peculiar judgment on 30th July which stated that the accused person shall be released from jail and his bail application will be granted on the ground that he must visit the residence of the woman, who filed a case of outraging her modesty against him, and plead her to tie him a rakhi as the symbol of promise that he will protect her to the best of his ability at all time.
The complaint was filed against the accused in the Bhatpachlana Police station under sections 323, 354, 354-A, 452, and 506 of the Indian Penal Code (IPC). The FIR stated that the accused enter the complainant’s house, who is his neighbour, without her knowledge and grab hold of her hand which is deemed to the attempt towards outraging the modesty of the complainant.
The counsel of the accused argued before the Court that the complainant’s husband had long outstanding loan to the accused, which was given to him by the accused during the period of lockdown. Further the counsel argued that the complainant filed the suit the accused just as to get away with the due payment of the loan. Moreover, the accused pleaded before the court that he is married man, and can never think of outraging the modesty of any woman.
In the further proceedings it was also pleaded before the Court that the accused is the only earning member of his family and his family is on the verge of starvation as the accused is in the Police custody for the period of nearly two months and any further imprisonment will hamper the life of his family.
The High Court bench acknowledged the fact that the accused was in jail for more than two months, hence the bench grant his bail application with a peculiar condition required to fulfill in order to get the bail, the bench stated in its order that
"The applicant (Vikram) along with his wife shall visit the house of the complainant with Rakhi thread/band on 03rd August 2020 at 11:00 am with a box of sweets and request the complainant to tie the Rakhi band to him with the promise to protect her to the best of his ability for all times to come.”
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