https://www.livelaw.in/news-updates/allahabad-high-court-grants-bail-pocso-accused-condition-marrying-victim-child-daughter-211588

The Allahabad High Court recently granted bail to a POCSO accused booked for raping a minor girl (17 years old) with whom he allegedly eloped, on the condition that he would marry her within a period of one month and shall give all rights to her and his child as wife and daughter.

While granting him bail, the Bench of Justice Dinesh Kumar Singh took into consideration the stand of the prosecutrix and her father who stated that they had no objection if the accused is released on bail. The Court also noted the fact that the Girl had already delivered a child from the accused applicant.

The accused was booked under Sections 363, 366, 376 IPC, 3/4 POCSO Act on the allegations that the prosecutrix was enticed away by the accused-applicant in March 2022 when she was just 17 years of age. Thereafter, the girl gave birth to a girl child.

Before the Court, the prosecutrix along with her father submitted that they had no objection if the accused-applicant is enlarged on bail provided that the accused-applicant would perform marriage with the prosecutrix in accordance with the Hindu rites and rituals and get the marriage registered and further, he would give all rights to prosecutrix and the child as his wife and daughter.

The Counsel of the accused also submitted that the accused-applicant is ready and willing to marry the prosecutrix as in fact, they both had eloped to perform the marriage as they were in love. He further submitted that he shall marry the victim as soon as comes out of jail.

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, the Court found it fit to grant him bail.

However, the bail has been granted on the condition that after he comes out of jail on bail, he would 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 and that he shall all the rights to the prosecutrix and his child as wife and daughter.

Case title - Monu v. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 10567 of 2022]

Case Citation: 2022 LiveLaw (AB) 465