Perform Marriage With Prosecutrix Within 15 Days Of Release: Allahabad HC Imposes Bail Condition On Rape Accused

The Allahabad High Court has agreed to release a rape accused on bail while imposing the condition that the accused will perform the marriage within 15 days from the date of release with the prosecutrix.

The bench of Justice Dinesh Kumar Singh directed thus "Soon after the accused-applicant comes out of jail on bail, he will perform the marriage within 15 days from the date of release with the prosecutrix and get the same registered before the appropriate officer within a period of one month from the date of performing the marriage."

The Court was hearing a bail plea of a man against whom FIR was registered under Sections 363, 366, 376 of the Indian Penal Code and 3/4 Protection of Children from Sexual Offences Act.

As per the allegations in the FIR, the prosecutrix was enticed away by the accused-applicant. The medical age of the prosecutrix was determined to be 17 years. The prosecutrix has delivered a girl child who was one month old.

The prosecutrix along with her father said that they have no objection if the accused-applicant is enlarged on bail provided that the accused-applicant performs marriage with the prosecutrix in accordance with the Hindu rites and rituals and get the marriage registered and that he would give all rights to prosecutrix and the child as his wife and daughter.

Advocate Azmi Yusuf, appearing for the accused-applicant submitted that the accused-applicant is ready and willing to marry the prosecutrix.

The Court noted thus "Considering the stand of the prosecutrix and her father and taking into consideration the fact that the prosecutrix has already delivered a child from the accused-applicant, who has been in jail since 10.04.2022, and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail."

The Court allowed the bail plea of the accused on the condition that he will perform the marriage with the prosecutrix within 15 days from the date of release.

Cause Title- Monu v. State of UP & Ors.

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