[Headline not clear, text too less] In jail for developing physical relations with Fiancée on false pretext of marriage, out on bail to marry: Uttarakhand HC

The Uttarakhand High Court while accepting a bail application has granted bail to an accused for a period of 2 weeks, considering his wedding with the victim. The alleged offence in the matter for which the accused was in judicial custody was that he developed physical relations with the girl who he was engaged with, and later denied to marry.

The present matter involved an alleged offence of rape, where the accused also the applicant, was in judicial custody in FIR under Section 376 IPC (punishment for rape). It was alleged that the accused and victim befriended each other, and even decided to get married. Subsequently, developed physical relations, after which the accused denied to marry the victim.

“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”, Justice Ravindra Maithani opined.

Considering the factual matrix, the alleged offence and the intention of the accused, Court granted bail to the applicant for duration of short term bail period of 2 weeks. On expiry of which the applicant shall surrender before the court concerned.

Case Title: Surjeet Kumar vs. State of Uttarakhand