By Tanishka Shah

The applicant sought bail in a case registered at Mukundwadi Police Station, Aurangabad, for offenses under Sections 64(2)(f), 64(2)(i), 64(2)(m), 65(1) of the Nyaya Sanhita, 2023, and Sections 4, 6, and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The case involved the applicant, who was engaged to the minor victim and accused of impregnating her.

The victim, 14 years old, was the applicant’s relative. Her parents, citing concerns about societal judgment and their own failing health, arranged the marriage to ensure her security. However, before the marriage could take place, the victim became pregnant. Following her statement, the crime was registered, and the applicant was arrested. The applicant argued that the relationship was consensual, and he intended to marry the victim upon her attaining majority. The victim’s father confirmed the engagement and did not object to the applicant being released on bail. The respondent countered that granting bail in such cases would undermine the protective intent of the POCSO Act.

The Court acknowledged the socio-economic and familial pressures that led the victim’s parents to arrange the marriage. The victim’s father explained that he and his late wife believed this decision would safeguard their daughter, given their own deteriorating health and the societal challenges she might face. Considering these factors, the Court determined that the applicant’s circumstances merited bail, particularly as he expressed readiness to marry the victim after she reached the age of majority. The Court emphasized that such cases often intersect with complex societal and economic realities.

To ensure compliance with the law, the Court imposed a condition that the applicant must abstain from any physical relationship with the victim until they are legally married. 

Case Title: Satish Eknath Kakade v. State of Maharashtra
Citation: 2024:BHC-AUG:26235
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