Allahabad High Court grants bail to rape accused on condition that he marries survivor within 3 months of release
During a recent ruling, the Allahabad High Court granted bail to a rape accused on the condition that he marries the victim within three months of his release, Bar and Bench reported.
The order was passed by Justice Krishan Pahal on February 20 after the man, 26, said he, as a “bonafide person” was ready to take care of the victim as his wedded wife.
The accused, namely Naresh Meena, promised to help the woman get hired into the Uttar Pradesh Police. He also took Rs 9 lakh from her, sexually assaulted her and then, circulated an obscene video of the woman on social media.
He was arrested in September last year in connection with the case filed by Agra Police under Section 376 (rape) and Section 506 (criminal intimidation) along with Section 67 of the Information Technology Act.
During the hearing, the accused’s lawyer argued that the allegations against his client were false. He also mentioned there was a delay of four months from the complainant’s side to lodge the FIR.
During the ruling, the Allahabad High Court said the state could not bring forth any exceptional circumstances that would warrant bail denial to Meena, Bar and Bench reported.
“It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA,” the bench noted.
The court also considered the accused’s prior clean cheat of criminal record and the principal of “bail is a rule, jail as an exception” while granting bail.
“The well-known principle of ‘Presumption of Innocence Unless Proven Guilty,’ gives rise to the concept of bail as a rule and imprisonment as an exception,” the single-judge bench said.
