The Allahabad High Court in the case Amarjeet v. State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home, Lko. Lko. And 4 Others observed and has granted pre-arrest bail to a Rape accused till the completion of the investigation or till the filing of the police report/charge sheet.
The bench comprising of Justice Rajesh Singh Chauhan observed and has granted relief to the accused as it noted that both, the victim and accused have married each other and are living happily as husband and wife.
The court observed and has remarked that without entering into merits of the issue, considering the arguments of learned counsel for the parties, the material available on record, the allegations and contents of the F.I.R., the undisputed fact by the parties that the applicant and the prosecutrix got married and are living happily together, therefore, the investigation is going on and the undertaking of the present applicant that he shall co-operate with the investigation and shall never misuse the liberty of anticipatory bail, the court find it appropriate that liberty of the present application may be protected till completion of the investigation or till filing of the police report or the charge-sheet under Section 173 (2) Cr.P.C.
In the present case, the FIR was lodged by the mother of the victim on the allegations that the Accused (Amarjeet) enticed away her minor daughter and raped her. Thus, the accused was booked under Sections 363 & 366 I.P.C., however during the investigation, Section 376 I.P.C. and Sections 7 and Section 8 of the POCSO Act were added.
However, the accused moved the instant pre-arrest bail plea by submitting that he was in love with the prosecutrix and both of them got married on August 2, 2022, and on that day and she was above 18 years of age, thus, at the time of lodging F.I.R. she was about 17 years of age, 11 months and 07 days.
Further, it was submitted by her hat both of them are living together and the prosecutrix has got no grievance of any kind whatsoever against the present applicant. The case was also supported by the counsel appearing for the victim.
It had been directed by the High Court that in the event of arrest, the accused be released on anticipatory bail in the case till completion of the investigation, on his furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned.
The Counsel, Advocates Sudhanshu S. Tripathi and Ritwika Tripathi appeared for the accused/applicant.
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