Allahabad High Court grants bail to man on condition that he marries POCSO victim

The Allahabad High Court recently granted bail to a man accused of raping a teenager on the pretext of marriage, on the condition that he marries the victim after his release from jail and takes care of their newborn baby.

Justice Krishan Pahal also ordered the accused to pay ₹2 lakhs towards a fixed deposit to be started in the name of the newborn child.

"The applicant is being released on bail on the assurance of the learned counsel for the applicant that he shall marry the victim within three months from his release from jail and take care of her as well as the new born baby. The applicant shall deposit (fixed deposit) a sum of Rs.2,00,000/- in the name of new born baby of the victim till her attaining the age of majority within a period of six months from the date of release from jail," the September 18 order said.

The man had been accused of deceiving the informant's minor daughter and engaging in a physical relationship with her under the false promise of marriage. The informant claimed his daughter (victim) was 15 years old.

Later, the victim became pregnant, and the accused man allegedly refused to fulfill his promise of marriage and even threatened her. Subsequently, a rape case was registered against him under the Indian Penal Code and Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The accused man's counsel argued that the victim was an adult, as an ossification test determined her age to be 18 years.

The rape allegations were also denied. The accused man's counsel submitted that in a statement recorded under Section 164 of the Code of Criminal Procedure (CrPC), the victim clearly stated that no force was used against her.

The accused man added that he was willing to take responsibility for the victim and marry her. He was prepared to care for the baby girl born from the relationship as well, the counsel assured the Court

The counsel further stated that the applicant has been in jail since April 4, 2024, and assured that if granted bail, he would not misuse his liberty.

The State counsel opposed the bail plea.

After hearing the rival arguments, the Court reiterated that a nuanced approach is required in such cases involving adolescent relationships.

"The challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships. This requires a nuanced approach and careful judicial consideration to ensure justice is served appropriately," the Court said.

It further reiterated the principle that a person is presumed innocent until proven guilty. It proceeded to opine that a person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution cannot be taken away simply because the person is accused of committing an offence until his guilt is established beyond a reasonable doubt.

Relying on the Supreme Court judgment in Manish Sisodia v ED, the Court added that, it is high time that the courts should recognize the principle that “bail is a rule and jail is an exception."

Therefore, the Court granted bail to the accused man after noting that there was nothing to indicate that he may abscond or evade trial if he is released on bail.

"No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA," the Court said.

Advocates Atmaram Nadiwal and Dinesh Kumar Yadav appeared for the applicant (accused)

Additional Government Advocate SP Pandey appeared for the State.

[Read Order]