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This is an archive article published on August 3, 2020

Madhya Pradesh HC bail condition for molestation accused: Ask complainant to tie rakhi

The court directed the accused to visit the house of the complainant along with his wife, and asked him to obtain photographs of the visit and proof of the money gifted to the complainant.

Madhya Pradesh High Court asks man to get 'rakhi' tied by woman he had 'molested' The single bench of Justice Rohit Arya passed the order on July 30 while giving conditional bail to the accused, Vikram Bagri. (File photo)

Granting bail in a molestation case, the Madhya Pradesh High Court has asked the accused to visit the complainant to request her to “tie a rakhi” and “promise to protect her to the best of his ability for all times to come”.

“He shall also tender Rs 11,000… to the complainant as a customary ritual usually offered by the brothers… and shall also seek her blessings. The applicant shall also tender Rs 5,000 to the son of the complainant Vishal for purchase of clothes and sweets,” stated the order on July 30.

The court directed the accused to visit the house of the complainant along with his wife, and asked him to obtain photographs of the visit and proof of the money gifted to the complainant. Separately, the court also directed the accused to deposit a bail bond of Rs 50,000 along with a personal surety from another person.

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The order was passed by Justice Rohit Arya of the Indore bench. The judge clarified that the money gifted to the complainant will not “influence the trial” and is only a bail condition. The accused had spent two months in jail in Ujjain district and sought bail as the trial is unlikely to conclude due to the pandemic. Using criminal force with intent to outrage the modesty of a woman is a serious offence under the IPC.

The lawyer for the accused argued that a false case had been registered against his client who went to collect a loan from the complainant’s husband, who is also a neighbour. He said the family of the accused is on the “verge of starvation” due to his incarceration. The complainant’s version was not sought by the court when it gave the order.

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