“Allahabad High Court Grants Bail to Accused in Rape Case, Sets Conditions of Marriage and Financial Support.”
October 16, 2024 2025-03-02 0:06“Allahabad High Court Grants Bail to Accused in Rape Case, Sets Conditions of Marriage and Financial Support.”
“Allahabad High Court Grants Bail to Accused in Rape Case, Sets Conditions of Marriage and Financial Support.”
By Niyati Dhiman
In a recent case, the Allahabad High Court granted bail to a man accused of raping a girl, allegedly a minor, under the pretext of marriage and impregnating her. The bench, led by Justice Krishan Pahal, imposed specific conditions for bail, including marrying the victim within three months of release and depositing ₹2,00,000 in the form of a fixed deposit for the newborn child, a girl. The deposit is to remain in the child’s name until she reaches the age of majority, and this condition must be fulfilled within six months of the accused’s release.
The accused was charged under Sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code (IPC) and Sections 5(J)(II) and 6 of the POCSO Act. The allegations against him included establishing a physical relationship with the victim under the false promise of marriage. The relationship resulted in the victim’s pregnancy, after which the accused allegedly refused to fulfill his promise and threatened her.
Seeking bail, the accused argued his innocence, claiming that he had been falsely implicated to cause unnecessary harassment. His counsel pointed out that the victim was a consenting adult, as indicated by the ossification test, which estimated her age to be 18 years. The counsel also referred to the victim’s Section 164 CrPC statement, where she stated that no force had been used against her. The accused expressed willingness to marry the victim and take responsibility for the child born out of the relationship.
The Court acknowledged the complexities involved in such cases, emphasizing the need for a nuanced judicial approach to balance justice and fairness. It highlighted the challenge of distinguishing between cases of genuine exploitation and consensual relationships. Considering the circumstances, the Court granted bail to the accused while imposing the conditions of marriage and financial support to ensure justice and safeguard the interests of the victim and her child.
Case Title: Abhishek vs State Of U.P. And Ors.
Citation: 2024:AHC:151583
