Sunday, January 29, 2023

Uttarakhand High Court grants short term bail to rape accused to marry the victim

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The Uttarakhand High Court has granted short term bail to the rape accused for marrying the victim, while noting that it was not a case simpliciter of rape.

A Single-Judge Bench of Justice Ravindra Maithani observed that according to the FIR, the applicant and the victim befriended each other. Their marriage was fixed. Thereafter, the applicant established physical relations with the victim, but subsequently, declined to marry her.

“In a rape case simpliciter, the Court may not encourage marriage between the parties. But, it is not a case simpliciter of rape. According to the FIR itself, first parties had engaged. Their marriage was fixed. Thereafter, the applicant established physical relations and subsequently, declined to marry the victim. And now it is being stated that the applicant and the victim both are getting married,” the Bench noted.

The petition was fiked by the applicant -accused, who is in judicial custody in FIR  under Section 376 IPC, registered at Police Station Premnagar, District Dehradun. He sought short term bail on the ground that he and the victim were getting married.  

Having considered the facts and circumstances of the case, the Court observed that this was a case in which the applicant should be granted short term bail for a period of two weeks.  

“Let the applicant be released on short term bail for a period of 2 weeks, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the court concerned. It is further directed that, on expiry of the duration of short term bail, the applicant shall surrender before the court concerned,” the order reads.  

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