ANY FORM OF COMPROMISE WITH THE ACCUSED SHOULD NOT BE KEPT AS A BAIL CONDITION - ALLAHABAD HC

Marriage or compromise with the accused should not be kept as a bail condition while 
granting bail to those accused in sexual offences, an Allahabad High Court bench ruled. 

FACTS
Imran (the applicant) filed a bail application before the HC after being rejected by the 
Additional session judge, Firozabad.
The counsel appearing for the applicant argued that Imran, a taxi driver is a married person. 
The victim, who is transgender, used to hire his taxi for visiting places. The applicant has been falsely accused in this case in order to extract money.
The counsel for the first informant submitted that the victim was forcefully indulged in a
sexual relationship. Although he did not dispute that, the two had a consensual relationship initially for two years.

DECISION
While granting bail, the court cited the recent case of Aparna Bhat and others vs State of 
Madhya Pradesh, where the court imposed a bail condition upon the accused to request the victim to tie the rakhi around his wrist. The Court also remarked that conditions of bail should 
ought not to be so strict that it will be impossible to comply with, thereby making bail illusory. 
 

Author: Papiha Ghoshal