Allahabad High Court grants interim bail to POCSO accused on condition he marries consenting victim

The Allahabad High Court recently granted interim bail to a Hindu man booked under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) on the condition that he takes all necessary steps to marry the Muslim victim under the Special Marriage Act, 1954 (SMA).

Justice Rajesh Singh Chauhan passed the order after the alleged victim/ prosecutrix asserted that she was an adult (having attained 18 years), that she had already married the accused in a temple, and was willing to live with him.

The Court thus opined that to protect the future of the prosecutrix, the man should register their marriage under the SMA as well.

“So as to protect the life of the prosecutrix for future, the applicant may marry with the prosecutrix under Special Marriages Act, for that he may be granted interim bail for the period of four months,” the Court said, after interacting personally with all parties concerned.

The accused man was arrested in July this year based on a criminal complaint by the alleged victim's father. He was booked for the offence of statutory rape and other offences under the Indian Penal Code, along with Sections 3 and 4 of the POCSO Act.

The accused approached the High Court seeking bail and his counsel argued that the alleged victim and the accused were in a relationship and had even married of their own free will. However, the the girl's parents were opposed to the inter-faith relationship, the Court was told.

The alleged victim appeared in person before the Court and expressed her willingness to live with the accused. She also claimed to have married the accused in both a temple and a court. However, she could not provide any evidence of the court marriage.

She further informed the Court that since her family opposed the interfaith union, she had been living at a shelter home.

The girl's father was also present in Court and said that if his daughter has already married the accused and wanted to live with him, he has nothing further to say as he was severing all ties with her.

The State counsel added that the State has no objection to the accused and victim marrying, if the victim was willing to do so and has reached marriageable age.

Considering this, the Court granted the accused interim bail to the man for four months (until April 2, 2025), subject to several conditions, including that he take steps to register his marriage with the victim under the SMA.

The Court imposed the following conditions, in this regard:

• Upon his release, the accused must file an appropriate application for the custody of the prosecutrix/ victim, which should be decided expeditiously.

• Once granted custody, he must take the necessary steps to marry the prosecutrix under the Special Marriage Act and have the marriage registered with the competent authority.

• On the next hearing date, both the accused and the prosecutrix are required to appear in person and present proof of marriage along with the marriage registration certificate.

• Additionally, the accused must cooperate with the trial proceedings and is strictly prohibited from misusing the liberty of interim bail.

Advocates Rahul Srivastava and Shubham Srivastava appeared for the bail applicant.

[Read Order]