'Not Simpliciter Case Of Rape, Parties Were Engaged': Uttarakhand High Court Grants Short Term Bail To Rape Accused To Marry Victim

The single bench of Justice Ravindra Maithani noted that this was not a simpliciter case of rape but the parties were engaged and it was thereafter that the accused established physical relations with the victim, before the arrangement went south.

"In a rape case simpliciter, the Court may not encourage marriage between the parties. But, it is not a case simpliciter of rape. According to the FIR, itself, first parties had engaged. Their marriage was fixed. Thereafter, the applicant established physical relations and, subsequently, declined to marry the victim. And now it is being stated that the applicant and the victim both are getting married. Having considered the facts and circumstances of this case, this Court is of the view that it is a case in which the applicant should be granted short term bail for a period of 2 weeks," said the High Court.

The applicant, Surjeet Kumar, was in judicial custody in a case registered under Section 376 IPC. He moved the present application seeking short term bail on the ground that he and the victim were getting married.

As per the FIR, the applicant and the rape victim had befriended each other and their marriage had been fixed. It was after this that physical relations were established by the accused with the victim, after which he declined to marry her.

Case Title: Surjeet Kumar v. State of Uttarakhand

Citation: Short Term Bail Application No. 49 of 2022

Coram: Justice Ravindra Maithani

Citation: 2022 LiveLaw (Utt) 43

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