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Grounds for Bail for a rape accused!


13-Mar-2023 (In Criminal Law)
A 26 year old woman filed a complaint on her 25 year old boyfriend. An FIR was registered under IPC sections 376, 354, 354C,417, 323, 506 and he was arrested on the same day and send to judicial custody the next day after both of them underwent medical tests. Since the case was filed after 15 days after the rape, the clothes were washed by the victim. He had got drinks and both were drunk during the alleged rape and so, struggle marks were not seen. (Intoxication was not mentioned in the complaint). The hearing was supposed be after 15 days but the girl hasn’t got any summons yet. They both studied together and he has a project to be submitted within 30 days from now. She has no objections for his bail. Will he be granted bail? If yes, when? PS: He had promised to marry her but denies it now. He had also tried to break up with her, accused her of having an affair with another person and had threatened to leak her intimate photos on social media.
Answers (2)

Answer #1
685 votes
Dear sir /madam once criminal law is set into motion alleging serious offences ,the court will decide whether to grant bail or not . Even if victim has no objection it might not be considered by court. However interim bail may be obtained as the accused has to submit his project report.
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Answer #2
580 votes
it's a clear case of sex with consent the accused can file for bail petition, since, both are already known to each other and already had preexisting physical relationship, there is a possibility of getting bail, this may not be called as rape.
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