Several rape accused get bail in U.P. on condition of marrying the victim

In two other cases, bail was granted when the counsel of the accused told the court that the accused will marry the victim as soon as he secured bail

The Lucknow Bench of the Allahabad High Court has given bail to three rape accused in the past month on condition that the accused marry the victim. Also in two other cases, bail was granted when the counsel of the accused told the court that the accused will marry the victim as soon as he secured bail.

In the latest 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 considering two facts — that the victim and her father did not oppose it, and the victim has already delivered the accused’s child.

Monu was booked for kidnapping, rape and under Sections 3 and 4 of the Protection of Children from Sexual Offences (POCSO) Act by the Kheri district police in Uttar Pradesh after allegedly enticing away the accused when she was just 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,” said the order.

On September 30, while hearing the bail application of Shobhan, who was booked for rape, poisoning, criminal intimidation and wrongful confinement by the Amethi police on the complaint of the father of a 19-year-old girl, the judge said he was told by the counsel of the accused that he and the victim were 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 judge said, adding that the accused can be released on bail on the condition that he will marry the prosecutrix as soon as he comes out of jail on bail.

The bail plea of Suraj Pal, listed in the same court on September 28, too has similar circumstances. Pal was booked by Raebareli police for rape and drew charges under the POCSO Act and SC/ST Act as well since the alleged victim was a Dalit and minor. Pal had been in jail since July 2, 2021.