In two different cases, bail was granted when the counsel of the accused advised the court docket that the accused will marry the sufferer as quickly as he secured bail
In two different cases, bail was granted when the counsel of the accused advised the court docket that the accused will marry the sufferer as quickly as he secured bail
The Lucknow Bench of the Allahabad High Court has given bail to 3 rape accused in the previous month on condition that the accused marry the sufferer. Also in two different cases, bail was granted when the counsel of the accused advised the court docket that the accused will marry the sufferer as quickly as he secured bail.
In the newest order issued on October 10 by the single-judge Bench of Justice Dinesh Kumar Singh, the accused, Monu, who has been in jail since April 2022, was granted bail contemplating two details — that the sufferer and her father didn’t oppose it, and the sufferer has already delivered the accused’s youngster.
Monu was booked for kidnapping, rape and below Sections 3 and 4 of the Protection of Children from Sexual Offences (POCSO) Act by the Kheri district police in Uttar Pradesh after allegedly attractive away the accused when she was simply 17 years of age.
“Let Monu be released on bail subject to conditions that soon after he comes out of jail, he will perform marriage with the victim within 15 days from the date of release and get the same registered. He will give all rights to the prosecutrix and his child as wife and daughter,” mentioned the order.
On September 30, whereas listening to the bail utility of Shobhan, who was booked for rape, poisoning, legal intimidation and wrongful confinement by the Amethi police on the criticism of the daddy of a 19-year-old lady, the decide mentioned he was advised by the counsel of the accused that he and the sufferer have been in a relationship and that she was seven months pregnant when the FIR was filed in November 2021.
“The counsel of the victim has opposed the prayer for bail, but not disputed the aforesaid facts. Considering the medical evidence and the facts that the prosecutrix has given birth to a child, it would be appropriate to enlarge the accused on bail,” the decide mentioned, including that the accused might be launched on bail on the condition that he’ll marry the prosecutrix as quickly as he comes out of jail on bail.
The bail plea of Suraj Pal, listed in the identical court docket on September 28, too has comparable circumstances. Pal was booked by Raebareli police for rape and drew expenses below the POCSO Act and SC/ST Act as properly because the alleged sufferer was a Dalit and minor. Pal had been in jail since July 2, 2021.
“The counsel of the accused said that the victim lived with the accused for three-and-a-half months in Surat. However, due to the lockdown, they came back. The counsel of the accused submits that soon after he is released from jail, he will perform marriage with the prosecutrix as she has turned major as per the medical evidence. Considering the above facts and circumstances of the case, it would be appropriate to enlarge the accused-applicant on bail,” the order mentioned.
On September 22, Justice Singh heard the bail utility of Ram Babu from Unnao district, who was booked for gang rape, poisoning, kidnapping and legal intimidation and below Sections 5 and 6 of the POCSO Act.
The counsel of the accused advised the court docket that the accused and sufferer (who was minor on the time of the incident) ‘married’ one another and had a daughter as properly. He additionally mentioned the accused was prepared to formally marry the sufferer and take care of the kid.
“The counsel for the victim submits that if the accused is ready to perform marriage with the prosecutrix and he will keep the prosecutrix happy as his wife and give her all the rights of his wife, he has no objection in enlarging the accused applicant on bail. Hence, considering the facts and circumstances of the case, I find it to be a fit case for granting bail,” the order mentioned.
“Let applicant Ram Babu be released on bail with a condition that soon after his release from the jail, he will perform marriage with the prosecutrix as per Hindu rights, rituals and customs including saptpati before the sacred fire,” the order mentioned.
Similarly, the order pertaining to the bail utility of Suraj alias Guddu on September 19 said that the court docket had enlarged the accused on interim bail of one month to carry out marriage with the prosecutrix. Suraj was booked by the Kheri police below IPC sections pertaining to inflicting damage by means of poison, rape and legal intimidation in November 2021.
“The counsel of the accused has shared some photographs of marriage between the two that have been placed on record. The counsel submits that the accused and the prosecutrix are now married and are living as husband and wife. Considering the aforesaid fact, I find it to be a fit case for grant of bail,” Justice Singh ordered.
