Rape Case | Allahabad High Court Grants Bail To YouTuber Mani Meraj After Parties Agree To Marry Under Special Marriage Act

The order was passed by a bench of Justice Gautam Chowdhary after the informant/victim personally appeared before the Court and submitted a handwritten statement confirming a mutual compromise between the parties.

In her statement, the informant/victim claimed that the applicant/accused had secretly married her but later refused to publicly marry her; however, now they have agreed to get married within one to two weeks under the Special Marriage Act.

The Court has granted the victim liberty to seek cancellation of the marriage if the accused-applicant doesn't marry her under the Special Marriage Act within two weeks of his release.

Earlier, the informant/victim had alleged in her statements recorded under Sections 180 and 183 BNSS that she became friends with the applicant during work, following which he committed forced rape, promised marriage via a court marriage and also caused an abortion.

Meraj was arrested in October last year.

Before the HC, applicant's counsel highlighted that his client is ready to marry the victim within two weeks after being released on bail, and importantly, his family members are also agreeable to this relationship. Therefore, it was prayed that he be released on bail.

The victim's counsel also explicitly stated that they have no objection whatsoever to the applicant being released on bail.

However, the Additional Government Advocate argued that the offences committed by the accused are cognizable and of a serious nature and therefore, he should not be released on bail.

Against the backdrop of these submissions and in view of the nature of the evidence, the absence of any solid contradictory material and the impossibility of tampering with the available material, Justice Chowdhary opined that there is an appropriate ground to release the applicant on bail.

Thus, the Court directed that the applicant be released on bail in the case upon furnishing a personal bond and two local sureties.

The Court expressly ordered that if the applicant, after being released on bail, does not marry the victim within two weeks, the informant/victim is completely at liberty to move a bail cancellation application against him.