"He Is 18-Yr-Old Young Boy; Chance Be Given To Him For Course Correction": MP High Court Grants Bail To Rape Accused

The Madhya Pradesh High Court (Gwalior Bench) on Monday granted bail to an 18-year-old rape accused taking into account his age and stressing that a chance be given to him for course correction.

The Bench of Justice Anand Pathak was hearing the plea of an 18-year-old man accused of committing offence punishable under Sections 363 (Punishment for kidnapping), 376(2)(n) (repeated rape on the same woman), 342 (Punishment for wrongful confinement) and 323 (Punishment for voluntarily causing hurt) of IPC and Section 5/6 of POCSO Act.

Submissions advanced

The applicant's counsel argued that a false case had been registered against the applicant and he was suffering confinement since June 26, 2021, and material prosecution witnesses including prosecutrix have been examined in which she did not support the prosecution story and was declared hostile.

Further, it was argued that the applicant is a young boy aged 18 years without any criminal record, and therefore, a chance may be given to him for course correction to purge his misdeeds and to mend his ways, and become a better citizen.

Court's Observations

In these circumstances, considering the submission of the counsel for the parties and the fact that the applicant is a young boy aged 18 years without any criminal record, therefore, a chance is given to the applicant for course correction, the Court granted him bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of trial Court.

Lastly, he was directed to 2 fruit-bearing plants/neem/peepal saplings as one of the conditions for bail.

"This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love, and mercy needs to be rekindled for human existence as they are innately ingrained attributes of human existence," Justice Anand Pathak observed while imposing the condition.

In a similar matter, the Madhya Pradesh High Court granted bail to a 23-year-old rape accused (in jail since March 2020) noting that a chance be given to him for course correction and to reform himself to purge his misdeeds.

Case title - Brijesh Vs. State of M.P.

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