Allahabad HC grants bail to 26-year-old rape accused on condition: 'Marry survivor in 3 months'

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The Allahabad High Court has granted bail to a 26-year-old man accused of rape, exploitation, and circulating explicit images of the survivor online. However, the bail comes with a striking condition - he must marry the 23-year-old survivor within three months of his release.

According to TOI report, the single-judge bench, presided over by Justice Krishan Pahal, delivered the verdict on February 20, with the order becoming publicly available on Monday. Emphasizing the constitutional rights of the accused, Justice Pahal noted, "A person's right to life and liberty, guaranteed by Article 21 of the Constitution, cannot be taken away merely because the person is accused of committing an offence until the guilt is established beyond reasonable doubt."

The accused hails from Rajasthan’s Sikar district and had been attending coaching classes in 2023, where he first met the survivor. The young man was preparing for police recruitment exams at the time.

The survivor's family filed a police complaint in May 2024, alleging that their daughter had been repeatedly sexually assaulted since February of the same year. Subsequently, an FIR was registered under Indian Penal Code sections 376 (rape), 506 (criminal intimidation), and relevant provisions of the Information Technology Act.

The accused was arrested on September 21 and remained behind bars following the rejection of his bail plea by Agra Sessions Court Judge Vivek Sangal on October 3, 2024. Following this, he escalated his appeal to the High Court.

During the High Court proceedings, the prosecution argued that the accused had lured the survivor into a relationship with the false promise of securing her a job in the Uttar Pradesh police department. Once trust was established, he allegedly raped her and resorted to blackmail, threatening to release their intimate videos unless she paid him Rs 9 lakh.

In response to the court’s ruling, the defense lawyer, Neeraj Pathak, confirmed that his client would abide by the conditions imposed. "The conditions laid down by the court will be adhered to by my client. The woman will be notified, and complete compliance with court directives will be ensured," Pathak stated on Tuesday.