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The Allahabad High Court has recently allowed bail to a rape accused who allegedly eloped with a girl and six months later left her outside the village impregnated. 

A bench of Justice Krishan Pahal took note of the youth's submission that he and the victim were lovers and due to fear of families and co-villagers who were against their alliance as the two belonged to the same village and community, they eloped and the girl's father filed a case against him.

The bail application was filed by the accused under sections 363, 366, 504, 506, and 376 of the Indian Penal Code and Sections 3/4 of Protection of Children from Sexual Offences.

Counsel appearing for the accused submitted that he was madly in love with the victim and out of fear of the villagers, he had eloped with the victim and had undergone marriage in a temple although the said marriage is not registered.

It was further argued that the accused and the victim belong to the same village and the same community. In addition to this, the accused proposed to rear his child stating that he is the father and he is very much willing to keep his married wife and the newborn baby with him.

Whereas, the Additional Government Advocate opposed the bail but did not dispute the fact that out of the said union of the couple, a baby girl was born on December 31, 2018, and she is more than three and half years of age at present, who is being taken care of by the parents of the victim, and the accused has no criminal history.

Taking note of the facts and circumstances of the case, the bench observed, "In this conservative and non-permissive society, it is true that marriage in the same village is prohibited and is not customary, and it may be an aftereffect of media and cinema, instances of marriage in the same village are on the rise."

However, Court noted that the youth in their tender age become victim to the legal parameters, but why should an innocent baby out of no fault of her bear the brutalities of the society. "The life of a newborn child is at stake", Court said.

Therefore, adopting a pragmatic approach, Court granted bail to the young man. Court said, "The mathematical permutations and combinations have to be done away with...Human psychosis and that too of the adolescents has to be taken into account."

Court also noted that in the case of Atul Mishra vs. State of U.P. And 3 others, Court had also done away with the stringent provisions of the POSCO Act under the extra-ordinary circumstances of the case. Accordingly, Court allowed the bail to the young man imposing a condition among others that he shall deposit (fixed deposit) a sum of Rs.2,00,000 in the name of the newborn child of the victim till she attains the age of majority within a period of six months from the date of release from jail.

Case Title: Ramshankar Vs. State of UP