A temporary two-month bail was granted to a man who was the appellant so that during this period the appellant can solemnize the marriage with the complainant It was to be noted that the appellant was accused of repeatedly raping her who was the prosecutrix. The prosecutrix had even divorced her husband, on the instance of the appellant and then the appellant went back on the promise to marry her.
An FIR was lodged by the prosecutrix stating that rape was committed upon her on the pretext of marriage by theappellant. The appellant's counsel submitted that he was innocent and was falsely implicated in the present crime. They also argued that the prosecutrix is a married lady. The bail was filed at the time by the appellant but was refused.
Under Section 164 of the Criminal Procedure Code, the prosecutor made allegations against the appellant and said that she was having a love affair with the appellant and physical relation was made by him on 15th February, 2017, afterward he visited her house regularly to have physical relation. She divorced her husband on the instance of the appellant and thereafter he refused to marry her.
It was submitted by both the families and parties that they were ready to solemnize their marriage and in this regard, an affidavit was also given by the prosecutrix to the Court. In the above scenario, the council applied for bail.
It was directed that the appellant should be released on bail and also give Rs.50,000 with a solvent surety for the satisfaction of the learned trial court and the appellant should surrender under section 437(3) of Criminal Procedure Court on 3rd November, 2020. The Judge was S.K. Awasthi.
The case number was CRA No. 3353/2020. The order was passed by Indore Bench in Madhya Pradesh High Court. The case name was Suraj Kushwan vs. State of Madhya Pradesh.