Court Considers Severity of Allegations and Supporting Evidence to Dismiss Bail Application
In a significant judgment, the Madhya Pradesh High Court has denied anticipatory bail to John @ Chirag Mishra, who faced grave allegations including demand for dowry, causing injuries, and attempting unnatural sexual acts. Presiding over the case, Justice Rajendra Kumar Vani of the Jabalpur bench underscored the seriousness of the allegations and the supporting evidence presented by the prosecution.
The case, registered under Crime No. 126/2026 at Police Station Mahila Thana, District Bhopal, involved charges under Sections 115(2), 119(2), 351(2), and 85 of the Bharatiya Nyaya Sanhita, 2023, alongside Section 3/4 of the Dowry Prohibition Act. The applicant, represented by Advocate Shri Aryan Shukla, claimed innocence and argued that the case was built on false implications, highlighting the three-day delay in lodging the FIR without any explanation from the prosecution.
However, the counsel for the victim and the State, Shri S.M. Patel and Shri Ashok Kumar Tiwari respectively, opposed the bail application, pointing to the medical report that corroborated the injuries sustained by the victim. They emphasized the gravity of the charges, particularly the attempt to commit unnatural sexual acts, which is punishable by life imprisonment under Section 119(2) of the Bharatiya Nyaya Sanhita, 2023.
Upon reviewing the case diary, FIR, and medical reports, Justice Vani ruled that the allegations were indeed serious, and given the severity of the potential punishment and evidence available, it was not a fit case for anticipatory bail. The court's decision reflects its stance on addressing serious offenses with the gravity they warrant, particularly in cases involving dowry and assault.
Bottom line:-
Anticipatory bail cannot be granted when allegations involve serious offenses, including demand for dowry, causing injuries, and attempt to commit unnatural sexual acts, particularly when the evidence and medical report support the prosecution's case.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Bharatiya Nyaya Sanhita, 2023 Sections 115(2), 119(2), 351(2), 85, Dowry Prohibition Act Sections 3/4
