Allahabad High Court Allows Interim Bail for POCSO Accused, May Marry Prosecutrix Under Special Marriage Act.
The Allahabad High Court granted temporary bail to a man charged under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) following an alleged incident with a girl. The bail was granted on the condition that he take steps to marry the victim under the Special Marriage Act, 1954 (SMA). The man was arrested in July after the victim’s father filed a complaint accusing him of statutory rape and other crimes under the Indian Penal Code (IPC), as well as Sections 3 and 4 of the POCSO Act. The accused sought bail from the High Court, arguing that he and the victim were in a consensual relationship and had married voluntarily.
Justice Rajesh Singh Chauhan stated, “To protect the life of the victim in the future, the applicant may marry her under the Special Marriages Act, and for that, he may be granted interim bail for four months.” The victim testified that she was an adult (over 18) and had already married the accused in a temple, expressing her willingness to live with him. The Court recognized her statements and emphasized the need for the man to formalize their marriage by registering it under the SMA for her future protection. This decision was made after the judge spoke with both the accused and the victim.
The Court has approved interim bail for the accused for four months, lasting until April 2, 2025, with specific conditions. One condition is that the accused must begin the process of marrying the victim under the Special Marriage Act. This involves filing for custody of the victim once he is out on bail. The Court also ordered that the custody application be handled quickly. After obtaining custody, the accused must promptly marry the victim under the SMA and register the marriage with the appropriate authority. At the next hearing, both the accused and the victim must appear in person and provide proof of marriage, including the registration certificate. Additionally, the accused must fully cooperate with the ongoing trial and is not allowed to misuse the freedom granted by the interim bail.
Cause Title: Ajay Kumar v. State of U.P. & Ors.
Appearance:
Applicant: Advocates Rahul Srivastava and Shubham Srivastava
