Allahabad High Court grants interim bail for POCSO accused to marry victim

The Allahabad High Court recently granted interim bail to an accused in a case under Protection of Children from Sexual Offences Act (POCSO Act) to enable him marry the complainant despite the State's contention that the girl had not attained marriageable age as she was only 17 years old..Justice Rajesh Singh Chauhan passed the order after both the accused and the complainant said they were in a relationship. The accused claimed that the case was registered by the family members of victim only because she belongs to another religious community. The Court also took note of the fact that the complainant had already given birth to a child who was now more than a month old..Subject to the condition that the accused would marry the complaint, the Court ordered his release till July 3. “Immediately after release from jail the applicant shall get married with the prosecutrix within a period of 15 days from the date of release,” the Court said in one of the bail conditions..It further ordered that the couple would thereafter get their marriage registered before the Registrar of Marriage within 15 days. The Registrar was directed to register the marriage at earliest if all the necessary formalities are complete. “Such marriage certificate shall be produced by the applicant and prosecutrix before the Court on the next date fixed, i.e. 03.07.2024,” the Court said.It further clarified that the interim bail would automatically stand cancelled in case any of the conditions is violated by the accused and the victim or her family lodges any complaint in this regard..The accused was in custody since January 2 in the rape case registered in Pratapgarh district. Seeking bail, he told the Court that he had been falsely implicated in the case and that it was a consensual relationship. The girl in her statement before the trial court confirmed the version of the accused and said that she wanted to marry him. Though the State said she was only 17 years old as per radiological test, it did not object to the prayer for interim bail and said the court may pass appropriate order since both are willing to marry each other..The Court will hear the matter on July 3 on which date the couple have been asked to appear in person along with their marriage certificate.Advocates Sarjoo Ram, Aklavya and Dinesh Kumar represented the accused.Advocate NK Pandey represented the State.Advocate Arvind Kumar represented the complainant[Read Order]