POCSO Accused Granted Bail to Marry Victim: Allahabad High Court’s Interim Decision

In a decision stirring debate, the Allahabad High Court granted interim bail to a POCSO accused of marrying the victim, despite objections from the State regarding the girl’s age which was 17. Justice Rajesh Singh Chauhan’s ruling came after both parties affirmed their relationship.

Unusual Grant of Bail

The High Court’s decision to grant bail to the accused, subject to marriage with the victim, raises eyebrows due to the serious nature of the POCSO case and concerns over the victim’s age.

Controversial Circumstances

Amidst allegations of religious bias in the case and the victim already being a mother, the Court took a unique stance, considering the accused’s plea of consensual relationship and the victim’s desire to marry him.

Conditional Release

The Court’s order mandates the accused’s release on bail, contingent upon marrying the victim within 15 days of release and registering the marriage promptly. Failure to comply would result in automatic cancellation of bail.

Legal Implications

The decision’s legal implications are significant, as it challenges conventional approaches to handling POCSO cases and raises questions about judicial discretion in matters of sensitive nature.

Future Proceedings

The matter is scheduled for further hearing on July 3, where the couple must appear with their marriage certificate. The Court’s decision on this date will likely set precedents for similar cases in the future.

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About the Author: Payal Singh