The Allahabad High Court has ordered the release on bail of a 26-year-old man charged with rape, exploitation, and circulating intimate photos of the survivor on social media. The man was released on bail on condition that he weds the 23-year-old survivor within three months of being released from prison and does not interfere with evidence, The Times of India stated.
Rendering the verdict on February 20, Justice Krishan Pahal remarked, “A person’s right to life and liberty, guaranteed under Article 21 of the Constitution, cannot be taken away simply because the person is charged with having committed an offence until the guilt is established beyond reasonable doubt.”
Background of the Case
The accused, a local resident of Rajasthan’s Sikar district, was a fellow participant in police recruitment coaching classes with the survivor. In May 2024, the survivor’s family registered a police complaint stating that he had sexually assaulted the survivor repeatedly after February.
A First Information Report (FIR) was lodged under IPC Section 376 (rape), Section 506 (criminal intimidation), and the IT Act. The accused was arrested on September 21 and taken into custody. His bail application was initially turned down by Agra Sessions Court Judge Vivek Sangal on October 3, 2024, and hence he went to the high court.
Accusations Against the Accused
During the hearing, the prosecution accused the accused of:
- Forced the victim into a physical relationship by luring her to get a job in the UP Police on a false promise.
- Repeatedly raped her.
- Bilked ₹9 lakh through extortion by threatening to upload their sex videos online.
Defence Assures Obedience of Court Orders
Defence attorney Neeraj Pathak stated, “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 Cases in the Past
This is not the first instance of the Allahabad High Court allowing bail on condition of marriage.
- In October 2023, the court allowed a man accused of raping a minor on bail after he promised the court he would marry the survivor and accept responsibility for her newborn baby.
- The accused had supposedly gotten the 15-year-old pregnant under the false promise of marriage but refused to marry her later.
- The court directed him to marry the survivor, support the child, and deposit ₹2 lakh in a fixed deposit for the future of the child within six months of release.
The case has raised questions on the legal and ethical aspects of resorting to marriage as a solution in sexual assault cases.
