Allahabad HC Grants Interim Bail To Rape Accused To Marry 'Victim' From Different Religion Under Special Marriage Act

The Court passed this order after considering the prosecutrix's statement, in which she asserted that she is an adult, has married the accused in a temple, and is willing to live with him.

“Having heard the learned counsel for the parties and having perused the material available on record and also hearing the parties who are present in person, it appears that so as to protect the life of the prosecutrix for future, the applicant may marry with the prosecutrix under Special Marriages Act, for that he may be granted interim bail for the period of four months,” a bench of Rajesh Singh Chauhan observed in its order passed on November 14. (emphasis supplied)

In brief, the accused was arrested in July this year in connection with an FIR lodged by the alleged victim's father under Section 363, 366, 376 IPC and Section 3/4 POCSO Act.

Seeking bail in the case, the accused moved the HC, wherein his counsel submitted that the alleged victim and the accused had performed marriage of their own free will. However, her parents, opposing their marriage, are not permitting her to live with him, and they have filed an FIR against him.

In light of this submission, the Court directed, on the last hearing date, the Superintendent/In-charge of Shri Ram Audhyogik Anathalaya, Sector-I, Aliganj, Lucknow, to ensure the presence of the prosecutrix, on the next scheduled date.

On November 14, the alleged victim was presented before the Court, wherein she stated her willingness to reside with the accused. She also claimed that she married the accused applicant in a temple and court; however, she could not present any proof.

She also submitted before the court that since she married the accused applicant, her father and other family members have not accepted that marriage, so she lives in Raj Balika Grih in Lucknow.

The complainant/informant (the girl's father) submitted that if his daughter claimed that she had already married the accused and that she was willing to live with him, he had nothing to say as he had broken all his relations with her.

On the other hand, the AGA argued that since the accused is a Hindu by religion and the prosecutrix is Muslim by religion, their valid marriage can be done under the Special Marriages Act since there is no provision for conversion in the Hindu religion.

Against this backdrop, the Court, so as to protect the life of the prosecutrix for future, granted a 4-month interim bail (till April 2, 2025) to the accused, inter alia, on the following conditions:

• After being released from jail, he shall file his appropriate application for custody of the prosecutrix, which may be decided upon by expedition.
• After getting her custody, he shall take the necessary steps to get married to the prosecutrix under the Special Marriages Act and get the same registered before the registering authority.
• On the next date, the applicant and the prosecutrix will appear in person along with proof of marriage and the marriage registration certificate.
• In the meantime, he shall cooperate in the trial proceeding and shall not misuse the liberty of interim bail.

The Court clarified that, considering the applicant's conduct, his bail application may be finally disposed of on the next date.