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Supreme Court of India 2022-05-05 allowed

P. (Ms.) vs State of Madhya Pradesh and Another

Bench: 3 — Hima Kohli

In Brief

A woman alleged she was deceived into a physical relationship by false promise of marriage. After she conceived, the man forced her to abort and later refused to marry her. The trial court and High Court rejected anticipatory bail, but the High Court later granted regular bail citing only the delay in lodging the FIR. On appeal, the Supreme Court set aside the bail order, finding the High Court overlooked the accused's four prior criminal cases, the complainant's consistent testimony, and the offence's gravity (minimum 10 years imprisonment). The accused's post-bail conduct—celebratory posters with captions like "Bhaiyaa is back" strategically placed near the complainant's home—raised legitimate fears of witness intimidation and unfair trial.

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Criminal Procedure Bail Witness Protection Fair Trial Sexual Offences

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