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Synopsis

The Allahabad High Court recently granted bail to a man, accused of rape, contingent upon his agreement to marry the prosecutrix and secure financial stability for their child. Both persons had been living together in a live-in relationship for a couple of years before the woman filed the FIR.

The bench of Justice Rajesh Singh Chauhan issued this direction while emphasizing the interests of justice and the welfare of the victim and her infant daughter.

The case involved allegations under Sections 376, 323, 504, and 506 of the IPC, with the applicant, a Hindu man, accused of breaching his promise to marry the Muslim prosecutrix. The victim, who has severed ties with her family due to her relationship with the man, expressed apprehension about her and her child’s future despite the accused's assurance of marriage.

During the proceedings, the court facilitated a private discussion between the parties. Subsequently, the prosecutrix informed the court of her willingness to marry the man, provided he offered financial security. In response, the man agreed to marry her under the Special Marriage Act within seven days of his release and undertake financial responsibilities. This included creating a fixed deposit of Rs 5 lakh in their daughter’s name for a five-year term.

The court highlighted the voluntary nature of their agreement, noting that the prosecutrix also earns a living as a makeup artist and intends to build a stable life with the man. Observing that the FIR stemmed from a personal dispute, the court deemed the resolution proposed by the parties to be in the best interests of all involved, especially the child.

"Since they themselves have decided the conditions for living together as husband and wife, therefore, in the interest of justice as well as looking into the larger interest of the parties and the infant child, and also taking into consideration the fact that the F.I.R. is the result of the trivial dispute between the parties and both the parties are ready and willing to get married and live together and also the fact that present applicant has no previous criminal history, I find it to be a fit case for bail," the single judge bench held. 

The bail order outlined specific conditions: The man must proceed with the marriage under the Special Marriage Act, register it promptly, and provide ongoing support for the prosecutrix and their child. Additionally, he was directed to comply with strict legal obligations, including not leaving the country without court approval, appearing at all trial dates, and surrendering his passport.

Court emphasized that any deviation from these conditions could lead to the cancellation of the man’s bail. 

Case Title: Atul Gautam Vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.