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Allahabad High Court grants bail to man accused of raping a girl on the pretext of marriage and impregnating her, with the condition that after release, he must marry the teen and take care of their newborn child Allahabad High Court grants bail to man accused of raping a girl, with the condition that he promises to marry her and take care of their newborn child.
The order was issued by Justice Krishan Pahal, who also ordered the accused to pay 2 lakh to open a fixed deposit in the name of the newborn child.
Justice Pahal stated,
“he shall marry the victim within three months from his release from jail and take care of her as well as the newborn baby.”
The applicant Abhishek is granted bail on the assurance of his counsel.
The court imposed the condition, saying,
“The applicant shall deposit a sum of 2,00,000 in the name of the newborn baby of the victim till she attains the age of majority within a period of six months from the date of release from jail.”
An adulterous relationship that began with consent does not constitute rape: Allahabad High Court According to the prosecution, the man ‘deceived’ the girl, who was approximately 15 years old, and ‘established physical relations with her under the false promise of marriage.’
The accused allegedly threatened the victim and refused to fulfill his marriage promise after the victim became pregnant. At Chilkana Police Station in the Saharanpur district, a rape case was filed against him under the Indian Penal Code and the Protection of Children from Sexual Offences Act (POCSO) Act.
According to the ossification report, the survivor is 18 years old, according to the applicant’s legal counsel.
Abhishek’s legal team added that the survivor also stated that no force was used against her in her statement to the magistrate in accordance with Section 164 of the criminal procedure code.
Additionally Read: The accused is granted bail by the Allahabad High Court on the condition that he wed the victim. During the hearing, the bench was informed that the accused is willing to marry the survivor and take responsibility for her. The defense attorney assured the court that he is also prepared to care for the baby girl born to the survivor and the accused.
The applicant has been in jail since April 4, 2024, according to the lawyer, who promised that if he was granted bail, he would not abuse his liberty.
The court stated that in cases involving relationships between adolescents, a nuanced approach is required after hearing the opposing arguments.
“The test lies in recognizing authentic instances of abuse and those including consensual connections. To ensure that justice is done appropriately, this necessitates a nuanced approach and careful judicial consideration,”
the court added.