“BAIL GRANTED IN A RAPE CASE BY BOMBAY HIGH COURT ON A CONDITION THAT THE ACCUSED WOULD MARRY VICTIM WITHIN ONE YEAR. BUT SINCE VICTIM WAS ABSCONDING & UNTRACEABLE, THE CONDITION MADE VALID ONLY FOR A YEAR”
BAIL APPLICATION NO. 3680 OF 2021 BEFORE THE HON’BLE HIGH COURT AT BOMBAY JUDICATURE
As per the facts of the case and records, the accused man and the woman were neighbors and were in a consensual relationship.
Upon being in their physical relations, the woman found out that she was six month’s pregnant.
As per the case of the prosecutrix, the accused man had promised and assured the woman for marriage. But after coming to know about her pregnancy, he refused to marry her.
On January 27, 2020, the woman gave birth to a girl and three days later she abandoned the child and absconded.
An FIR against the accused man was registered and he was charged under Sections 376 (punishment for rape), 366 (Kidnapping, abducting or inducing woman to compel her marriage) and 420 (cheating) of the Indian Penal Code.
The case of the accused in the bail application was that the FIR was lodged based on the statement of the prosecutrix when she was arrested for abandoning the child and became untraceable.
That the police registered the case against the accused without application of mind even though the prosecutrix did not want to lodge complaint against the accused, the application stated.
That the accused and his family members were ready to solemnize the marriage and accept the paternity of the child.
It was noted by the Hon’ble High Court that accused in his affidavit stated that he would marry the victim and accept the paternity of the child. But the child has been already given in adoption since the mother is untraceable, might be because of the criminal case registered against her for abandoning the child.
Therefore the Hon’ble High Court directed that the accused can be released on bail on the condition that if the prosecutrix is traced within a year, he will marry her. However this condition won’t be applicable beyond a year.
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