Allahabad High Court: In a bail application under Section 439 of the Code of Criminal Procedure (CrPC) filed by the applicant for the offences under Sections 363, 366, 376 of Penal Code, 1860 (‘IPC’), and Section 3 and 4 of the Protection of Children from Sexual offences (‘POCSO Act’), Dinesh Kumar Singh, J. while considering the stand of the prosecutrix, and her father, viewed that as the prosecutrix had already delivered a child from the applicant, who has been in jail since 10.04.2022, and, without expressing any opinion on the merit of the case, granted bail subject to certain conditions.
In this case the prosecutrix, 17 years old, was enticed away by the applicant and delivered a girl child. The Court noted that the applicant was ready and willing to marry the prosecutrix, and they eloped to perform the marriage as they were in love. Further the prosecutrix and her father have no objection if the applicant is enlarged on bail, if he performs marriage with the prosecutrix in accordance with the Hindu rites and rituals, get the marriage registered, and gives all rights to the prosecutrix and the child as his wife and daughter.
Thus, the Court granted the applicant bail, on the condition that soon after he 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. Further, he must give all rights to the prosecutrix and his child as wife and daughter.
[Monu v. State of UP, 2022 SCC OnLine All 701., decided on 10.10.2022]
Advocates who appeared in this case:
Counsel for Applicant:- Advocate Azmi Yousuf
Advocate Priyanka Yadav
Counsel for Opposite Party:- Government Advocate