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Supreme Court of India 2022-05-05 allowed

MS. P. vs THE STATE OF MADHYA PRADESH AND ANOTHER

Bench: 3 — N. V. Ramana, Krishna Murari, Hima Kohli

In Brief

The Supreme Court cancelled bail granted to an accused charged with rape and criminal intimidation under IPC Sections 376(2)(n) and 506. The complainant alleged the accused falsely promised marriage, then forced a termination of her pregnancy, and later threatened her after bail release. The High Court had granted bail citing only the delay in filing the FIR, without assigning reasons or considering the accused's criminal history, the complainant's consistent statements, or threat to fair trial. The Court held that bail in serious offences requires reasoned orders considering gravity, evidence, and witness safety. Setting aside the order as mechanical and perverse, it found supervising adverse circumstances warranted cancellation, directing the accused to surrender within one week.

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Criminal Procedure Bail and Bail Conditions Sexual Offences Threat and Intimidation Women's Rights Judicial Discretion

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