MP High Court Grants Temporary Bail To Rape Accused For Taking Care Of Wife & Repairing Dilapidated Dwelling

Justice G.S. Ahluwalia was dealing with the fourth bail application moved by the Applicant accused for offences punishable U/S 376(d) and 304/34 IPC.

The Applicant had submitted that although in the DNA test report, his DNA profile was found in the incriminating articles of the Prosecutrix, the DNA test report appeared to be suspicious. He further submitted that his wife had fallen from a bike, sustaining injuries. He also pleaded before the Court that his house was in a dilapidated condition and if it was not repaired, it may fall in the rainy season. For the said reasons, he sought for a grant of temporary bail for a period of six months.

Per contra, the State submitted that the presence of DNA profile of the Applicant in the incriminating articles of the Prosecutrix, aged about 60 years, indicates that she was subjected to rape by him. But with regard to the Applicant's prayer for a temporary bail, it was fairly conceded by the State that from the photographs of the house, which were placed on record, it appeared that it was in a dilapidated condition.

Considering the rival submissions, the Court rejected the application for grant of regular bail on merits. However, the Court felt it to be a fit case for grant of temporary bail-

So far as IA No.4994/2022 for grant of temporary bail on account of injuries sustained by the wife of the applicant as well as dilapidated condition of the house is concerned, this Court is of the considered opinion that from the photographs of the house, which have been placed on record, it appears that it may not survive the another rainy season. It is true that the rainy season would start from June, 2022, but the repairing work has to be done prior to starting of rainy season. Accordingly, this Court is of the considered opinion that the applicant can be granted temporary bail for getting his house repaired as well as to look after his wife, who has fallen down from a bike on 21/3/2022, which is evident from the OPD prescription issued by the Gajraraja Medical College dated 22/3/2022.

With the aforesaid observations, the Court rejected the application of the Applicant for a regular bail but allowed his application for temporary bail, subject to furnishing personal bond in the sum of Rs.1,00,000/- alongwith one solvent surety in the like amount.

Case Title: Dilip alias Kalu Pal Vs. State of M.P.