Shubham v. State of Madhya Pradesh
In the High Court of Madhya Pradesh
Misc. Crl. 41229/2019
Before Justice S.K. Awasthi
Decided on October 16, 2019

Relevancy of the case: Bail application in a case involving wrongful confinement, rape, and recording of the act

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67A)
• The Indian Penal Code, 1860 (Section 342, 368, 367, 376(2)(n), 506)
• The Code of Criminal Procedure, 1973 (Section 161, 164, 439)

Relevant Facts of the Case

• The applicant allegedly abducted the prosecutrix and wrongfully confined her to commit rape.
• The alleged incident first took place on 10.09.2016 and thereafter, the applicant regularly called her at various places and made physical relationship with her.
• The act was recorded on a phone.

Prominent Arguments by the Advocates

• The applicant’s counsel submitted that she neither raised alarm nor made any complaint to her husband or family members regarding the activities of the applicant.
• The learned counsel submitted the husband’s statement that in the video it looked like the prosecutrix was consenting to the act.
• The respondent’s counsel said that the applicant didn’t present sufficient grounds for the application to be allowed.

Final Decision

• Application allowed.
• Bail granted subject to conditions.

This case summary has been prepared by Tuba Aftab, an undergraduate student at IIMT & School of Law, GGSIPU, during her internship with The Cyber Blog India in May/June 2021.