Bombay HC grants bail to rape accused, asks him to marry victim if traced within a year – The Indian Express

The high court said the man, however, would not be bound by the statement of willingness to marry her beyond a year, a single-judge bench of Justice Bharati H Dangre had said in the order passed on October 12. The court noted the accused and the woman, 22, were in a consensual relationship, but she lodged a rape and cheating case as the man started avoiding her after learning that she was pregnant.

In her complaint registered in February 2020 with the police, the woman said she had known the accused since 2018 as he was living in the neighbourhood and they developed proximity. They decided to get married and there was no opposition over it from their respective family members. The victim said the accused established a physical relationship with her on five to six occasions and she trusted him as he had assured her of marriage.

In October 2019, the woman realised that she was six months pregnant and informed the accused about the same. However, he started avoiding contact with her and refused to get married. The woman then left her house as she did not want to reveal her pregnancy to her family members. On January 27, 2020, she delivered a child in a hospital. On January 30, as she was discharged from the hospital, she left her child on its premises and after the watchman took the baby inside, she left.

A separate FIR was registered for abandoning the child and a charge sheet was filed against the victim. “That may be a possible reason why she is fleeing from the course of justice,” the bench noted.

The accused filed an affidavit making a solemn statement that he is ready to marry the victim and is also ready to accept the paternity of the child born out of their relationship.

However, the police informed the court that the victim is untraceable while all efforts are being taken to find her and the child is already given up for adoption.

“In such circumstances when the incident was reported, the victim girl was major and she has already stated that the relationship was consensual and though a specific statement was made on behalf of the applicant and his family that they are ready to solemnise the marriage, the victim is not traceable, in above circumstances, I deem it appropriate to release the applicant on bail subject to compliance that if the victim girl is traced within a short while and say in a period of one year, he shall solemnise marriage with her, but he shall not be bound by the statement beyond one year,” held Justice Dangre.

The bench granted bail to the accused on furnishing a personal bond of Rs. 25,000 with sureties of like amount and asked him to report to the concerned police once every month for a year and thereafter as and when required.