Allahabad HC granted bail to a rape accused on the condition that he marries the rape victim

Case: Monu v. State of UP

Bench: Justice Dinesh Kumar Singh

Recently, the Allahabad High Court granted bail to a rape accused under the Protection of Children Against Sexual Offences (POCSO) case on the condition that he marries the victim within fifteen days of his release.

In light of the fact that the victim and her father have no objection to the release of the accused and that the victim gave birth to the accused's child, bail was granted.

The accused has been in jail since April 2022 and had sought bail in a rape and kidnapping case under the Indian Penal Code (IPC) and Section 3 (penetrative sexual assault) of the POCSO Act.

As per the First Information Report (FIR), the victim, who was seventeen years old at the time of the incident, delivered a girl child later.

Counsel for the accused argued that his client was willing to marry the victim after he was released. He further said the couple had eloped to get married as they were in love.

When the victim and her father appeared in Court, they said they had no objection to the accused's release, provided that he performed the marriage as per Hindu rites.

In view of the same, the Court granted bail to the accused with various conditions.