In two other cases, bail was granted after the counsel for the accused told the court that the accused would marry the victim as soon as he was granted bail.
In two other cases, bail was granted after the counsel for the accused told the court that the accused would marry the victim as soon as he was granted bail.
The Lucknow Bench of the Allahabad High Court has granted bail to three rape accused in the last one month on the condition that the accused married the victim. Also, in two other cases, bail was granted when the counsel for the accused told the court that the accused would marry the victim as soon as he was granted bail.
In the latest order issued on October 10 by a single-judge bench of Justice Dinesh Kumar Singh, the accused, Monu, who has been in jail since April 2022, was granted bail considering two facts – that the victim and her father did not protest. This, and the victim has already given birth to the child of the accused.
Monu was booked by Kheri district police in Uttar Pradesh under sections 3 and 4 of the Kidnapping, Rape and Protection of Children from Sexual Offenses (POCSO) Act when she was just 17 years old.
“Monu be released on bail, provided that immediately after coming out of jail, he shall, within 15 days from the date of release, marry the victim and get her registered. He shall give all rights to the accused and his child as wife and daughter,” the order said.
On 30 September, while hearing the bail plea of Shobhan, who was booked for rape, poisoning, criminal intimidation and wrongful confinement by the Amethi police on a complaint by the father of the 19-year-old girl, the judge said that She was told that she and the victim were in a relationship and she was seven months pregnant when the FIR was lodged in November 2021, the counsel for the accused said.
“Victim’s counsel has opposed the prayer for bail but has not disputed the above facts. Taking into account the medical evidence and the fact that the accused has given birth to a child, it would be appropriate to bring up the accused on bail,” the judge said, adding that the accused may be released on bail on the condition that he will marry Accused as soon as he comes out of jail on bail.
There are similar circumstances in the bail plea of Suraj Pal, listed in the same court on September 28. Pal was booked by the Rae Bareli police for rape and charged under the POCSO Act and the SC/ST Act as the alleged victim was a Dalit and a minor. Pal was in jail since July 2, 2021.
“The counsel for the accused said that the victim stayed with the accused in Surat for three and a half months. However, they came back due to the lockdown. The counsel for the accused says that soon after his release from jail, he will marry the accuser as she has attained majority as per the medical evidence. Keeping in view the above facts and circumstances of the case, it would be appropriate to extend the accused-applicant on bail,” the order said.
On September 22, Justice Singh heard the bail plea of Ram Babu of Unnao district, who was booked for gang rape, poisoning, kidnapping and criminal intimidation and under sections 5 and 6 of the POCSO Act.
The counsel for the accused told the court that the accused and the victim (who was a minor at the time of the incident) had “married” each other and had a daughter. He also said that the accused is ready to officially marry the victim and take care of the child.
“Victim’s counsel submits that if the accused is ready to enter into marriage with the accuser and will keep the accuser happy as his wife and give her all the rights of his wife, there will be no reason for him to bring the accused applicant on bail. There is no objection.. Therefore, considering the facts and circumstances of the case, I think it is a fit case for grant of bail,” the order said.
“The applicant Ram Babu be released on bail with the condition that immediately after his release from jail, he shall marry the accused in accordance with the Hindu rights, customs and customs. saptapati Before the holy fire, ”the order said.
Similarly, on September 19, the order relating to the bail application of Suraj alias Guddu stated that the court had extended the accused one month interim bail to marry the victim. Suraj was booked by the Kheri police in November 2021 under IPC sections related to causing hurt by way of poison, rape and criminal intimidation.
“The counsel for the accused has shared some photographs of the marriage between the two which have been kept on record. The lawyer says that the accused and the accused are now married and are living as husband and wife. Keeping in view the above fact, I think it is a fit case for grant of bail,” Justice Singh ordered.