Pre-Arrest Bail Is Given To Rape Accused Until Investigation Is Completed As He Marries Victim: Allahabad High Court

In the case of, Amarjeet v. State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home, Lko. Lko. And 4 Others [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 1687 of 2022], a rape suspect has been given pre-arrest bail by the Allahabad High Court, which is valid till the inquiry is over or until the police report or charge sheet is filed. The victim and the accused both got married and are now happily married, thus the justice Rajesh Singh Chauhan panel decided to award the accused some relief. Advocates Sudhanshu S. Tripathi and Ritwika Tripathi appeared for the applicant/accused.

Facts: The mother of the victim in this case filed a FIR after alleging that the Accused (Amarjeet) lured her daughter away from her and sexually assaulted her. Accordingly, the accused was lodged under Sections 363 and 366 I.P.C.; however, as a result of the inquiry, Sections 376 I.P.C. and 7 and 8 of the POCSO Act were also added. The prosecutrix was over the age of 18 on August 2, 2022, when the accused and the prosecutrix got married, but she was only 17 years, 11 months, and 7 days old when the F.I.R. was filed. The accused therefore applied for an immediate pre-arrest bail plea. She added that the prosecutrix had no complaints of any type against the current petitioner and that they were both living together. The victim’s attorney concurred with the accused’s case.

Judgement: Therefore, without getting into the merits of the matter, taking into account the arguments of the parties’ knowledgeable counsel, the evidence on file, the F.I.R.’s contents and allegations, the parties’ uncontested agreement that the applicant and the prosecutrix got married and are now happily married, the fact that the investigation is ongoing, and the current applicant’s promise to cooperate with the investigation and never abuse a person’s freedom. In light of this, the High Court ordered that in the event of an arrest, the accused be released on bail pending the outcome of the investigation, provided that he provides a personal bond in the amount of Rs. 25,000 along with two sureties, each in the same amount, to the satisfaction of the court or arresting authority in question.

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