POCSO Act | MP High Court Grants Bail To Accused On Noting Suppression Of Victim's Age, Forged Aadhaar
The Madhya Pradesh High Court has granted bail application to a 34-year-old man accused of raping his 15-year-old wife, noting that the man was allegedly defrauded by the victim's family by forging her Adhaar Card and suppressing her age.
The bench of Justice Subodh Abhyankar observed;
"FIR lodged at the instance of the applicant's side at Police Station Chhipa Barod, District Baran, Rajasthan alleging fraud by the prosecutrix and her uncle and aunt, who are also the accused in the present case, and the fact that the true age of the prosecutrix was also suppressed by preparing a forged Aadhaar Card, and the fact that the co-accused Devchand (Supra) has already been granted bail by this Court, this Court finds that the applicant has made out a case for grant of bail".
The applicant, 34 years of age, was accused of raping a minor girl who was 15 years old at the time of the incident. The victim was married to the applicant by her paternal uncle and aunt.
The applicant contended that he was defrauded himself as the age of the victim was supressed by her paternal uncle and aunt based on a forged Adhaar Card. According to the forged Aadhaar card, the victim was born on December 1, 2002, and her name had also been changed.
The counsel also produced photographs and video clips of the marriage, where the victim could be seen dancing with the applicant and appeared to be happy. The counse contended that the marriage was not forced upon the victim.
The counsel asserted that the applicant discovered the fraud and lodged a complaint in the District Baran in Rajasthan for cheating (Section 318(2)), Aggravated Cheating (Section 318(4)) and Criminal Breach of Trust (Section 316(2)). The applicant alleged that he had also paid a sum of Rs 2,10,000 to the victim through PhonePe.
The counsel also produced evidence showing that the victim had mixed some intoxicant in the food of the applicant and his family, and fled with the jewellery and valuables. The counsel also informed the court that the person who had created the forged Aadhaar Card was granted bail by the Court.
The counsel contended that since the applicant himself was a victim of fraud, he should be granted bail.
However, the State opposed the prayer, contending that the victim was 15 years old and the victim was not allowed to talk to her father during this period.
The court, examining the facts of this case, allowed the bail application. It directed;
"The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973".
Case Title: CP v State of Madhya Pradesh [MCRC-52206-2025]
For Applicant: Advocate Amrita Jain
For State: Government Advocate Virendra Khadav
For Objector: Advocate Tilok Gawali