The Indore Bench of the Madhya Pradesh High Court has granted bail to a man accused of sexual harassment on the condition that he will request the complainant to tie a ‘rakhi’ on him on Monday with a promise to protect her “to the best of his ability for all times to come”.
Further, Justice Rohit Arya on July 30 ordered the man to pay ₹11,000 to the complainant as a “customary ritual usually offered by brothers to sisters” on Raksha Bandhan and seek her blessings while visiting her with his wife and a box of sweets. “The applicant shall also tender ₹5,000 to the son of the complainant for purchase of clothes and sweets,” the order said.
The court directed the accused to take photographs and receipts of payment made to the complainant and her son, which should be filed through his lawyer for placing on record of the case before the Registry.
The complainant, a resident of Ujjain district, had alleged that her neighbour, Vikram Bagri, entered her house and sexually harassed her on April 20. The police registered a case under Sections 452 (House-trespass after preparation for hurt, assault or wrongful restraint), 354 (A) (Sexual harassment and punishment for sexual harassment), 354 (Assault or criminal force to woman with intent to outrage her modesty), 323 (Punishment for voluntarily causing hurt) and 506 (Punishment for criminal intimidation) of the Indian Penal Code.
The order said the man, in jail for more than two months, was released on bail, on furnishing a personal bond of ₹50,000 with “one solvent surety in the like amount to the satisfaction of the trial court, on the condition that he shall remain present before the court concerned during trial,” and comply with conditions under Section 437 (3) of CrPC, along with other conditions.
The lawyer for the accused, Vishal Patidar, has contended that his client was being falsely implicated as he had asked the husband of the complainant to return the outstanding loan amount to him, which was given by him during the lockdown. “The family is on the verge of starvation due to his jail incarceration. Further jail incarceration shall jeopardise the life of the family members,” Mr. Patidar informed the court.
