Allahabad High Court Approves Bail for Man on the Condition That He Marries POCSO Victim

The man was accused of raping a teenager under the pretext of marriage. The Court noted that a nuanced approach is required in such cases involving adolescent relationships.

The Allahabad High Court has recently approves bail to a man accused of raping a teenager under the pretense of marriage, stipulating that he must marry the victim upon his release and provide for their newborn child.

Justice Krishan Pahal also directed the accused to deposit ₹2 lakhs into a fixed deposit account established in the name of the newborn.

“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 reportedly refused to honor his promise of marriage, even going so far as to threaten her. As a result, a rape case was filed against him under the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The accused man’s lawyer argued that the victim was an adult, claiming an ossification test showed her age to be 18 years

The lawyer also denied the rape allegations, pointing out that in a statement recorded under Section 164 of the Code of Criminal Procedure (CrPC), the victim clearly said that no force was used against her.

The accused man expressed his willingness to take responsibility for the victim and marry her. His lawyer assured the Court that he was also ready to care for the baby girl born from their relationship.

The lawyer further mentioned that the applicant has been in jail since April 4, 2024, and guaranteed that if approves bail, he would not misuse his freedom.

The State counsel opposed the bail request

After considering both sides’ arguments, the Court emphasized that a careful approach is necessary in 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 also reinforced the principle that a person is presumed innocent until proven guilty. The Court stated that an individual’s right to life and liberty, protected by Article 21 of the Indian Constitution, cannot be revoked merely because they are accused of a crime, unless their guilt is proven beyond a reasonable doubt.

Citing the Supreme Court’s judgment in Manish Sisodia v. ED, the Court remarked that it is essential for courts to acknowledge the principle that “bail is the norm and jail is the exception.”

As a result, the Court approves bail to the accused man, stating that there was no evidence suggesting he might abscond or avoid trial if 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