HC grants bail to man accused of raping minor upon promise of marriage

The Allahabad High Court has granted bail to a rape accused — who allegedly had physical relations with a minor girl and impregnated her by falsely assuring her of marriage — on condition that he must marry her and take care of their baby.

Justice Krishan Pahal, while passing the order, also directed the accused to pay Rs 2 lakh for a fixed deposit to be opened in the name of the newborn child.

Fixed deposit of Rs 2 lakh

The applicant, Abhishek, is being released on bail on the assurance of his counsel that “he shall marry the victim within three months from his release from jail and take care of her as well as the newborn baby,” Justice Pahal said.

“The applicant shall 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 court said, imposing the condition.

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False promise

The man allegedly deceived the girl, aged about 15, and established physical relations with her under the false promise of marriage, according to the prosecution.

The victim later became pregnant and the accused allegedly refused to fulfil his promise of marriage and even threatened her.

Subsequently, a rape case was registered against him under the Indian Penal Code and Protection of Children from Sexual Offences Act (POCSO) Act at Chilkana police station of Saharanpur district.

Defence arguments

The counsel for the applicant claimed that the survivor is a major and as per ossification report, she is 18 years old.

Besides, in her statement before magistrate under Section 164 of criminal procedure code, the survivor stated that no force was applied to her, Abhishek’s counsel added.

During the hearing, the bench was informed that the accused is willing to take responsibility of the survivor and marry her. He is also prepared to take care of the baby, the counsel assured the court.

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Court takes “nuanced approach”

The lawyer further stated that the applicant has been in jail since April 4, 2024, and assured that if granted bail, he would not misuse his liberty.

After hearing the rival arguments, the court said a nuanced approach is required 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 added.

(With agency inputs)