Whether anticipatory bail can be granted to accused considering conduct and character of the prosecutrix ?
So far the arguments of the applicant's counsel regarding conduct of the prosecutrix is concerned, in view of the settled proposition the conduct or the character of the prosecutrix could not be the criteria to grant the bail or anticipatory bail to the accused. Even otherwise for the shake of argument if it is deemed that the conduct and character of the prosecutrix was not good or suspicious or she is having the bad conduct even then any person like the applicant has no authority or right to commit the s*xual act on her without her consent. The arrest of the prosecutrix in other case registered at the instance of said Garima, could not be a ground to extend the benefit of anticipatory bail to the applicant. The matrimonial dispute of the prosecutrix with her husband also could not be taken into consideration for extending the benefit of the anticipatory bail to the applicant.
Madhya Pradesh High Court
Kirti Martin vs The State Of Madhya Pradesh ... on 22 April, 2014
HIGH COURT OF MADHYA PRADESH JUDICATOR AT JABALPUR
MISC. CRIMINAL CASE NO.2394/14.
Citation;2014 CRLJ3681 MP
(Passed on 22.04.2014) Per U. C. Maheshwari J.
https://www.lawweb.in/2014/10/whether-anticipatory-bail-can-be.html
