Allahabad HC Grants Bail To Rape Accused On Condition Of Marrying Inter-Faith Live-In Partner, Securing Monetary Support For Child

The Allahabad High Court recently granted bail to a man accused of raping his inter-faith live-in partner on the false promise of marriage, on the condition of marrying the prosecutrix under the Special Marriage Act and depositing ₹5 lacks as a Fixed Deposit to protect the monetary security of the prosecutrix as well as her child. A bench of Justice Rajesh Singh Chauhan noted that it is a case where the applicant and the prosecutrix are willing to live together peacefully and comfortably as husband and wife along with their infant child. “..since they themselves have decided the conditions for living together as husband and wife, therefore, in the interest of justice as well as looking into the larger interest of the parties and the infant child, and also taking into consideration the fact that the F.I.R. is the result of the trivial dispute between the parties and both the parties are ready and willing to get married and live together and also the fact that present applicant has no previous criminal history, I find it to be a fit case for bail,” the single judge observed in its order. The facts in brief The applicant and the prosecutrix, both major and belonging to different religions, were in a live-in relationship for several years, during which a daughter was born to them. Later, the prosecutrix lodged the FIR impugned against the accused-applicant under Sections 376, 323, 504, and 506 of IPC, alleging that the accused breached his promise to marry her. Seeking bail in the case, the accused moved the HC, contending that the FIR arose out of a trivial dispute and expressed his willingness to marry the prosecutrix and support their child. In this view of the matter, the Court directed the prosecutrix to appear before it to ascertain her wishes. Appearing before the Court, she admitted that the accused was the father of her child and that she wanted to marry him. She, however, expressed her apprehensions that after marrying her, his behaviour towards her might change, and he might misbehave and torture her. Thus, she requested the court to direct the accused to give some undertaking to protect the monetary security of the prosecutrix and her child. On the other hand, the applicant also submitted that he is ready to get married to the prosecutrix under the Special Marriage Act. He also agreed to prepare the Fixed Deposit Receipt of Rs.5.00 Lacs for 5 years in the name of his infant child through the mother of the child. Against this backdrop, the Court, noting the willingness of the parties to get married to each other, granted him bail on the following conditions: As soon as the applicant is released from jail, say within seven days from the date of his release the applicant shall move an application under the Special Marriage Act, before the court concerned and shall do the required pairvi so that the appropriate orders regarding their marriage be passed from the competent court under the relevant provisions of the Special Marriage Act. After performance of the marriage under the Special Marriage Act, they shall get their marriage registered with the Marriage Registering authority concerned, as early as possible. Applicant shall approach the Bank concerned and shall get the Fixed Deposit Receipt of Rs.5.00 Lacs (Rupees Five Lacs only) prepared in the name of the infant child through her mother, for a period of 05 years. Applicant shall look after his wife/prosecutrix and the infant child properly. Case title - Atul Gautam vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. 2025 LiveLaw (AB) 14Case citation: 2025 LiveLaw (AB) 14Click Here To Read/Download Order

Allahabad HC Grants Bail To Rape Accused On Condition Of Marrying Inter-Faith Live-In Partner, Securing Monetary Support For Child

Sparsh Upadhyay

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