HC grants Anticipatory Bail to Rape Accused just because he Married the Victim

The High Court of Delhi has granted Anticipatory Bail to a man facing rape charges after the family of the survivor submitted that they no objection to the same & informed the Court that the accused has married the woman.

A bench of Justice Manoj Kumar Ohri decided to allow the anticipatory bail plea filed by the accused after the mother of the prosecutrix submitted that the petitioner has married the prosecutrix & she has no objection if the petitioner is released on anticipatory bail.

“Keeping in view the totality of the facts & circumstances, it is directed that in the event of his arrest, the petitioner be released on anticipatory bail on a personal bond in the sum of Rs 25,000 with one surety in the like amount,” the bench said in its order on Nov 27.

The HC, in its order, also imposed several conditions on the anticipatory bail including that the petitioner shall not leave the jurisdiction of NCT of Delhi without prior permission of the concerned court & that he shall remain available on his mobile number, which he undertakes to keep operational at all times during the period of the trial.

Among other conditions, the Court directed the petitioner to inform the investigating officer or the station house officer in case of a change of residential address or contact details.

The prosecutrix as well as her mother had joined the court proceedings through video conferencing. The Counsel for the petitioner, during the arguments, had submitted that the present FIR has been lodged on account of a misunderstanding between the parties & the complainant has already given a request for re-recording of her statement under Section 164 Criminal Procedure Code.

The petitioner’s counsel further submitted that the petitioner is a government servant & has joined the investigation. It is further submitted that although the alleged incident was committed between the period from Jan to June 2020, however, the FIR came to be registered only on July 12, 2020, the lawyer submitted.

Additional Public Prosecutor, on the other hand, had opposed the bail application & stated that the prosecutrix has supported her allegations in her statement recorded under Section 164 of the Criminal Procedure Code. 

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