In a surprise move, Allahabad High Court (Lucknow Bench) granted bail to a person of accused in the Rape and POSCO Act on the ground that he would marry the prosecutrix within 15 days of the release and accept her child.

Justice Dinesh Kumar Singh of Allahabad High Court passed the order while dealing with an FIR registered u/s 363, 366, 376 Indian Penal Code and 3/4 of POCSO Act. The prosecutrix was present in the court along with her father. The Court noted the submission that " They have said that they have no objection if the accused-applicant is enlarged on bail provided that the accused-applicant performs marriage with the prosecutrix in accordance with the Hindu rites and rituals and get the marriage registered. He would give all rights to prosecutrix and the child as his wife and daughter."

The Court noted the arguments of the advocate for the accused that "accused-applicant is ready and willing to marry the prosecutrix. Infact, they eloped to perform the marriage as they were in love and as soon as the accusedapplicant comes out of the jail, he will perform the marriage with the prosecutrix and also get the same registered. 

While granting bail to the accused namely Monu, Justice Singh made the observation that " Soon after the accused-applicant comes out of jail on bail, he will perform the marriage within 15 days from the date of release with the prosecutrix and get the same registered before the appropriate officer within a period of one month from the date of performing the marriage. He will give all rights to the prosecutrix and his child as wife and daughter."

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10567 of 2022
Applicant :- Monu
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others
Counsel for Applicant :- Azmi Yousuf,Priyanka Yadav

Read the complete order on the following link:-

https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do