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SUBODH ABHYANKAR
Ahmed Faiz – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. They are heard. Perused the case-diary.
2. This is the first bail application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.31/2022 registered at Police Station M. G. Road, Indore District -Indore (MP) for offence punishable under Sections 376, 376(2)(n) & 328 of IPC; Sections 3 & 5 of M.P Freedom of Religion Act and Section 66 (e) of I. T. Act. The applicant is in custody since22.01.2022.
3. The allegation against the applicant is that he committed the rape with the prosecutrix and also posed himself as Hindu, despite being a Muslim and also sent objectionable video clips of the prosecutrix to her fiance, which has led to cancellation of her marriage.
4. The applicant, prior to his arrest was working in a multinational company Accenture at Bangalore. His placement letter is also placed on record. Counsel for the applicant has submitted that the applicant has been falsely implicated in the case as he and the prosecutrix were friends since many years as both of them have completed Degree in Law from Government Law College, Dewas and the applicant had also made a transaction of Rs.9,604/- to the Principal of Govt. Law College
The court's decision was primarily based on the failure of the State to verify crucial aspects prior to the arrest and the prima facie opinion that the prosecutrix was aware of the religion of the ap....
Court is inclined to allow the present application as State has also not been able to answer the query made to the Counsel for the respondent/State.
The seriousness of the prosecutrix's suicide attempt as evidence of the seriousness of the relationship influenced the court's decision to deny the bail application.
The court's interpretation of Section 439 of the Criminal Procedure Code, 1973, in granting bail to the accused despite serious allegations of rape and threats.
Prolonged pretrial detention as an anathema to the concept of liberty can be a basis for granting bail, without expressing any opinion on the merits of the case.
Sexual offence - Rape - Grant of bail - Delay in filing FIR - wife of the applicant along with the family members and the applicant are in loggerheads. Considering the facts and circumstances since t....
The legal position when a woman complains of sexual intercourse on a false promise of marriage requires active and reasoned deliberation for consent and a false promise given in bad faith with no int....
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