By Tanishka Shah

The Lucknow Bench of the Allahabad High Court has granted interim bail to a man accused of rape, kidnapping, and offenses under the POCSO Act, conditional upon his marrying the prosecutrix under the Special Marriage Act. 

The Court noted the presence of the prosecutrix, her father (the complainant), and accompanying police personnel, including a lady head constable who brought the prosecutrix from a shelter home in Lucknow. The prosecutrix claimed she had already married the accused in a Hindu temple and expressed her willingness to live with him, despite her family’s disapproval due to religious differences. She asserted that she was 18 years old, though medical records indicated her age to be between 16 and 17 years.

The prosecutrix’s father stated he had severed ties with her but raised no objection to her living with the accused. The Court observed that their marriage could be legally solemnized under the Special Marriage Act and granted interim bail to the accused for four months to facilitate this process.

The Court directed the accused to marry the prosecutrix under the Special Marriage Act and register the marriage within this period. It also imposed several conditions, including filing an undertaking to avoid delays in trial proceedings, remaining present at the trial court on specified dates, and cooperating fully with the investigation. The prosecutrix would remain under the shelter home’s custody until the marriage is formalized.

The bail was granted on furnishing a personal bond and two sureties of ₹20,000 each. The accused was required to present proof of marriage and a marriage registration certificate at the next court date. The Court emphasized that any misuse of the bail liberty or failure to comply with the conditions could result in legal action.

Case Title: Ajay Kumar v. State of U.P. & Ors.

Citation: CRIMINAL MISC. BAIL APPLICATION No. – 11293 of 2024
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