Madhya Pradesh High Court Grants Bail to Accused in Rape Case Citing Hostile Witness and No Criminal History
Bail Granted with Strict Conditions as Prosecutrix Turns Hostile and Trial Faces Delays
In a significant development, the Madhya Pradesh High Court has granted bail to Kamal Kishore Kushwaha, accused of rape under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. The decision, delivered by Justice Milind Ramesh Phadke, was influenced by the prosecutrix turning hostile and the absence of any prior criminal record for the accused.
The petitioner, Kamal Kishore Kushwaha, also known as Kalla or Radhe, was arrested on July 31, 2025, by the Cantt Police Station in Guna District. He faced charges under Sections 363, 366, 376, and 376(3) of the IPC, as well as Sections 3/4 of the POCSO Act, following allegations of rape against a 19-year-old woman.
During the trial, the prosecutrix, in a surprising turn of events, did not support the prosecution's case, effectively becoming a hostile witness. This, coupled with Kushwaha's status as a first-time offender and his permanent residence in Guna, influenced the court's decision to grant bail. The court also noted the improbability of the trial concluding soon, which further justified the decision to avoid prolonged pre-trial detention, a principle seen as contrary to the concept of liberty.
Despite strong opposition from the State's counsel, who argued for the rejection of the bail application, the court emphasized the importance of conditions to ensure the petitioner's adherence to the judicial process. Kushwaha is required to furnish a personal bond of Rs. 50,000 along with a solvent surety of the same amount. Several conditions were imposed, including cooperation with the trial, abstaining from influencing witnesses, and adhering to court schedules without seeking unnecessary adjournments.
The court's decision underscores the balance between safeguarding individual liberty and ensuring judicial process integrity, especially in cases where the witness's credibility significantly impacts the prosecution's stance. The court's order remains operative as long as Kushwaha adheres to the prescribed conditions, emphasizing the judiciary's role in ensuring justice while respecting personal freedoms.
Bottom Line:
Bail granted considering the prosecutrix turned hostile, absence of applicant's criminal antecedents, prolonged pre-trial detention, and compliance with conditions imposed by the Court.
Statutory provision(s):
- Criminal Procedure Code, 1973 Section 483
- Indian Penal Code, 1860 Sections 363, 366, 376, 376(3)
- Protection of Children from Sexual Offences (POCSO) Act, 2012 Sections 3/4
