The Allahabad High Court in Uttar Pradesh has granted bail to a 26-year-old man accused of rape, exploitation, and sharing the survivor’s photos online, on the condition that he marries the 23-year-old woman within three months of his release. The verdict, delivered on February 20, was reported by The Times of India on Thursday.
Judge Cites Right to Life and Liberty
Justice Krishan Pahal, while granting bail, cited Article 21 of the Indian Constitution, stating:
“A person’s right to life and liberty, guaranteed by Article 21, cannot be taken away merely because the person is accused of committing an offence until the guilt is established beyond reasonable doubt.”
Case Details: Accused Allegedly Exploited Survivor for Job Promise
The accused, hailing from Sikar district, Rajasthan, and the survivor were attending the same coaching centre for police recruitment exams.
- In May 2024, the woman’s family lodged a police complaint, alleging that she had been sexually assaulted multiple times since February 2024.
- An FIR was registered against the accused under IPC Sections 376 (rape), 506 (criminal intimidation), and relevant provisions of the IT Act.
- The accused was arrested on September 21, 2024, and sent to jail.
Allegations Against the Accused
The prosecution argued that the accused:
- Coerced the woman into a physical relationship by promising her a job in the UP police department.
- Raped her multiple times.
- Extorted ₹9 lakh by threatening to release their intimate videos online.
Bail Granted After Agra Sessions Court Rejection
The accused had earlier sought bail from the Agra Sessions Court, but it was rejected by Judge Vivek Sangal on October 3, 2024. He then approached the Allahabad High Court, which granted bail under the condition of marriage.
Defence Lawyer Assures Compliance
Defence lawyer Neeraj Pathak assured that his client would follow the court’s directives.
“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: Court Ordered Marriage in Minor Rape Case
This is not the first time the Allahabad High Court has granted bail with marriage conditions.
In October 2023, the court granted bail to a man accused of raping a 15-year-old girl, who later gave birth to his child. The accused had initially refused to marry the minor after allegedly raping and impregnating her under the pretext of marriage.
Conditions Set by the Court
Justice Krishan Pahal, who also presided over this case, granted bail under the following conditions:
- The accused must marry the survivor.
- He must provide financial support for the child.
- He must deposit ₹2 lakh as a fixed deposit in the child’s name within six months of release.
Legal and Social Implications
The trend of courts granting bail with marriage conditions has sparked debates on justice for survivors and the legal implications of such rulings.
- Supporters argue that marriage could provide financial and social stability for the survivor.
- Critics believe that forcing a victim to marry her alleged rapist violates her rights and undermines the principles of justice.
The Allahabad High Court’s decision to grant bail with marriage as a condition has drawn attention to the intersection of legal justice, women’s rights, and societal norms. While the accused’s release depends on marriage compliance, the broader debate remains: Should courts impose marriage as a solution in cases of sexual assault?
