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Allahabad HC grants bail to rape accused, asks him to ‘marry the survivor’
The accused from Sikar, Rajasthan, attended police exam coaching with the survivor. In May 2024, her family alleged she was assaulted since February.
The Allahabad high court in Uttar Pradesh granted bail to a 26-year-old man accused of rape, exploitation, and sharing the survivor's photos online, with the condition that “he will marry the woman, 23, within three months after coming out on bail and shall not tamper with evidence,” The Times of India reported on Thursday.
Delivering the verdict on February 20 (a copy of which was available on Monday), Justice Krishan Pahal of the single-judge bench said, as per TOI, “A person's right to life and liberty, guaranteed by Article 21 of the Constitution, cannot be taken away merely because the person is accused of committing an offence until the guilt is established beyond reasonable doubt.”
Here's what happened
According to case details, the 26-year-old accused from Rajasthan's Sikar district was attending coaching classes for police recruitment exams last year at the same centre as the survivor.
In May 2024, the woman's family filed a police complaint alleging that she had been sexually assaulted multiple times since February. An FIR was registered against the accused under IPC sections 376 (rape), 506 (criminal intimidation), and the IT Act. He was arrested on September 21 and sent to jail.
His bail plea was rejected by Agra sessions court judge Vivek Sangal on October 3, 2024, after which he moved to the high court. During the HC proceedings, the prosecution alleged that the accused had coerced the woman into a physical relationship by promising her a job in the UP police department. He also allegedly raped her and extorted ₹9 lakh by threatening to release their "intimate videos."
Defence lawyer Neeraj Pathak told The Times of India on Tuesday, “The conditions laid down by the court will be adhered to by my client. The woman will be notified and complete compliance with court directives will be ensured.”
Similar case
In October last year, the Allahabad high court granted bail to a man accused of raping a minor girl after he assured the court that he would marry the victim and take care of her newborn child.
According to the prosecution, the accused had allegedly raped the 15-year-old on the pretext of marriage, impregnated her, and later refused to marry her. A case was registered against him under the IPC and POCSO Act at Chilkana police station in Saharanpur.
While granting bail, Justice Krishan Pahal directed the accused to marry the survivor, provide for the child, and deposit ₹2 lakh as a fixed deposit in the child's name within six months of his release.
