"Child's Life At Stake": Allahabad HC Grants Bail To POCSO Accused On Condition To Take Care Of Victim/Wife, Their Child

The Allahabad High Court recently granted bail to a POCSO Accused taking into account the welfare of the child born out of wedlock of Accused and Victim. The Court stressed that the life of a newborn child is at stake and she can't be left to face the stigma during her life.

In the instant case, the accused and the victim (both from the same village) had a love affair and out of fear of the villagers, the accused has eloped with the victim in May 2018 and had undergone marriage in a temple although the said marriage was not registered.

However, as per the prosecution case, the accused had left her alone outside the village in December 2018 i.e. after a period of about six months. The victim was found pregnant at that time she gave a birth to a female child in December 2018.

Before the Court, the Accused submitted that he is the father of the child and he is very much willing to keep his married wife (Wife) and the newborn baby with him.

In view of this, noting that in such matters, the Court has to take a practical approach, the Bench of Justice Krishan Pahal opined thus:

"Both the accused and the victim are of very young age and have barely attained the age of majority. A baby girl has been born out of their wedlock. Though, the marriage may not be described as per the law of the land, but the Court has to apply a pragmatic approach in such conditions and indeed both the families are required to act practically"

Taking noted of the facts of the instant case, the court opined that in a conservative and non-permissive society, it is true that marriage in the same village is prohibited and is not customary, and it may be an after effect of media and cinema.

"Instances of marriage in the same village are on the rise. This does adversely affect the social fabric," the Court added.

Underscoring that in the case, the life if the child is at stake, the Court further added thus:

"Youth in their tender age become victim to the legal parameters though rightly framed by the legislature, but here this Court is being drawn to make an exception in the extraordinary circumstances of the case...The mathematical permutations and combinations have to be done away with. A hypertechnical and mechanical approach shall do no good to the parties and why should an innocent baby out of no fault of her bear the brutalities of the society in the present circumstances. Human psychosis and that too of the adolescents has to be taken into account."

In view of this, the Court directed that the bail applicant-Ramshankar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the Condition that he shall deposit (fixed deposit) a sum of Rs.2,00,000/- in the name of new born child of the victim till her attaining the age of majority within a period of six months from the date of release from jail.

Case title - Ramshankar v. State of U.P.  [CRIMINAL MISC. BAIL APPLICATION No. - 12510 of 2019]

Case Citation: 2022 LiveLaw (AB) 274

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