He May Marry Prosecutrix Under Special Marriage Act: Allahabad HC Grants Interim Bail To POCSO Accused
The Allahabad High Court granted interim bail to a man who had been booked under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) after an alleged incident involving a girl on the condition that the man take all necessary steps to marry the victim under the Special Marriage Act, 1954 (SMA).
The accused man had been arrested in July this year based on a complaint filed by the victim's father, who accused the man of statutory rape and other offences under the Indian Penal Code (IPC), along with Sections 3 and 4 of the POCSO Act. The accused approached the High Court seeking bail, claiming that he and the victim were in a consensual relationship and had married by their own will.
A Bench of Justice Rajesh Singh Chauhan said, “So as to protect the life of the prosecutrix for future, the applicant may marry with the prosecutrix under Special Marriages Act, for that he may be granted interim bail for the period of four months,”
The alleged victim, during her testimony, stated that she was an adult (having reached the age of 18), and that she had already married the accused in a temple, and was willing to live with him. The Court acknowledged her claims and expressed the opinion that to ensure the prosecutrix’s future protection, it was important for the man to formalize their marriage by registering it under the SMA.
The order was passed after the judge personally interacted with both the accused and the victim.
The Court decided to grant interim bail to the accused for four months, until April 2, 2025, with certain conditions. The conditions included that the accused must take steps to formalize his marriage to the victim under the Special Marriage Act, which would require him to file an application for custody of the victim once released on bail. The Court instructed that the custody application be decided promptly.
Upon gaining custody, the accused was required to take immediate steps to marry the victim under the SMA and ensure that the marriage was registered with the relevant authority. During the next hearing, both the accused and the victim were ordered to appear in person and present proof of marriage, including the marriage registration certificate.
Furthermore, the accused was instructed to fully cooperate with the ongoing trial and was prohibited from misusing the liberty granted by interim bail.
Cause Title: Ajay Kumar v. State of U.P. & Ors.
Appearance:
Applicant: Advocates Rahul Srivastava and Shubham Srivastava