E-Paper
Rape case: HC grants bail to accused on condition of marrying inter-faith live-in partner
The Allahabad high court granted bail to Atul Gautam in a live-in rape case, conditioning it on marrying the complainant under the Special Marriage Act.
The Lucknow bench of the Allahabad high court has granted bail to an accused in an inter-faith live-in rape case on condition that he marry the prosecutrix (woman complainant) under the Special Marriage Act (SMA) and provide financial security to her and their child.
Justice Rajesh Singh Chauhan passed the order on the bail application of the accused, Atul Gautam.
The complaint, a Muslim woman, accused Atul Gautam, a Hindu man, of breaching his promise to marry her after they lived together in a consensual relationship that resulted in the birth of a child. The high court order dated December 5, 2024 was uploaded recently.
An FIR was lodged under Sections 376 (rape), 323 (voluntarily causing hurt), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code at Madiaon police station, Lucknow. The accused had been in custody since September 16, 2024. The FIR was lodged prior to July 2024 under sections of the IPC as the Bharatiya Nyaya Sanhita was not applicable then.
During the proceedings, both parties expressed a willingness to reconcile, leading the court to explore a resolution focused on their future together while safeguarding the woman and child’s welfare.
The court observed that both the accused and the woman were said to be in a live-in relationship for a couple of years and they expressed willingness to marry under SMA. The court also considered that the FIR itself was a result of the trivial dispute between the parties. The court directed to release the accused on bail imposing certain conditions on him.
