Allahabad HC Grants Interim Bail To Rape Accused To Marry Minor In POCSO Case

The accused, held in custody since January in a rape case in Pratapgarh district, asserted innocence and cited a consensual relationship. The complainant, confirming the accused's account in her statement before the trial court, expressed her desire to marry him.

A Bench of Justice Rajesh Singh Chauhan outlined that the accused would be released until July 3, under the condition that he marries the complainant. The Court said, “Immediately after release from jail the applicant shall get married with the prosecutrix within a period of 15 days from the date of release.”

Advocate Sarjoo Ram appeared for the Applicant, Advocate Arvind Kumar appeared for the Complainant and Advocate N.K. Pandey appeared for the Respondent.

The decision was made after both the accused and the complainant affirmed being in a relationship. The accused argued that the case was filed by the victim's family due to religious differences. Notably, the complainant had already given birth to a child, who was now over a month old.

The Court mandated that the marriage must occur within 15 days of his release, with registration to follow within the same timeframe.

Furthermore, the Court directed the Registrar of Marriage to promptly register the marriage upon completion of all necessary formalities. The presentation of the marriage certificate by both parties was mandated on the next court date, scheduled for July 3.

The Court said, “Such marriage certificate shall be produced by the applicant and prosecutrix before the Court on the next date fixed, i.e. 03.07.2024”

The Court emphasized that any violation of the bail conditions would lead to its automatic cancellation, with potential repercussions upon complaint from the victim or her family.

Cause Title: X v. State of U.P. & Ors.

Appearance:

Applicant: Advocates Sarjoo Ram, Aklavya and Dinesh Kumar

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