'Prosecutrix Was Aware Of His Religion': MP High Court Grants Bail To Man Accused Of Hiding Religious Identity & Committing Rape

Justice Subodh Abhyankar was hearing a bail application under Section 439 CrPC moved by the Applicant accused of offences punishable under Section 376, 376(2)(n), 328 IPC and under Section 3, 5 of M.P. Freedom of Religion Act and under Section 66 (e) of I. T. Act.

The case of the Applicant was that he was a well-educated man and that he and the Prosecutrix studied in the same college. He submitted that they were in an intimate relationship, which was apparent from the screenshots of their chats on Instagram. He informed the Court that the Prosecutrix had access to his Instagram account and that it was she who sent the objectionable clips to her fiancé to get her marriage cancelled. He argued that it was under the pressure of her parents that she lodged the FIR against him. He further submitted that the charge-sheet was filed in the case and since the conclusion of trial would take time, he prayed that he be enlarged on bail.

Per contra, opposing the application, the State submitted that the Applicant had sent objectionable video clips to the fiancé of the Prosecutrix, which reflected his ill-intentions that he could go to any extent to harm her.

Considering the submissions of the Applicant, the Court had directed the State find out whether the Prosecutrix was also involved in forwarding the alleged messages. However, the State couldn't do the needful and sought for an additional 15 days time to enquire about the involvement of the Prosecutrix. Noting the same, the Court observed-

In the considered opinion of this Court, this aspect of the matter ought to have been verified by the State itself preferably prior to arresting the applicant and even otherwise, during the course of investigation. In such circumstances, this court is inclined to allow the present application.

The Court opined that prima facie it can be said that the Prosecutrix had knowledge about the religion of the Applicant-

On due consideration of various screenshot of the Instagram chats, this Court is of the prima facie opinion that the prosecutrix was aware of the religion of the applicant and considering the fact that the final disposal of the trial is likely to take sufficient long time, this 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.

With the aforesaid observations, the Court granted bail to the Applicant and accordingly, the application was allowed.

Case Title: AHMED FAIZ v. THE STATE OF MADHYA PRADESH

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