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| Case No : |
| Judges: |
| Parties : |
| Appearing Advocates : |
| Date of Judgment : 01-01-1970 |
| Head Note :- |
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| Summary :- |
1. Statutes / Acts / Rules / Orders / Regulations Mentioned:
- Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS)
- Section 64(2)(m) of Bharatiya Nyaya Sanhita (BNS),2023
- Section 183 of the BNSS
- Section 180 of BNSS
2. Catch Words:
- Bail
- Rape
- Consensual sex
- Custody trial
- Witness intimidation
- Pregnancy
- Surety
- Pre‑trial detention
3. Summary:
The court considered an application under Section 483 of the BNSS for bail of the accused, Mihir Kanti Nath, in a rape case registered under Section 64(2)(m) of the BNS. The prosecution alleged non‑consensual intercourse and pressure on the victim, while the defence claimed the act was consensual. Witness statements were ambiguous, and the investigation was complete after four months of custody. Emphasizing the principle that bail is the rule and pre‑trial detention the exception, the court found no substantial risk of the accused influencing witnesses. Consequently, bail was granted subject to a bond, surety, and several conditions, and the earlier custody‑trial order was set aside.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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