The Bombay High Court recently comprising of a bench of Justice Bharti Dangre granted bail to a 26-year-old man arrested in a rape case on the condition that he would have to marry his girlfriend whom he had left after finding out she was pregnant. The bench passed the order on a bail plea filed against the man in a case of rape, kidnapping and cheating. (Chetan Chandrakant Tambatkar v. State of Maharashtra)
Facts of the case
The couples were neighbours and were in a consensual relationship and the man left her after he learnt that she was pregnant. The woman gave birth to a baby girl in January 2020 and abandoned the baby.
The applicant had filed his affidavit, where he has made a solemn statement that he is ready to marry the victim girl and also ready to accept the paternity of the child born, out of the relationship. Affidavit of his parents was also placed on record, where they corroborate the applicant. However, since the victim girl herself was not traceable and the child, who was admitted in the child care, as per the instructions of the learned APP was already given in adoption.
Courts observation & Order
The bench taking note of the facts of the court remarked, “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 solemnize 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 solemnize marriage with her, but he shall not be bound by the statement beyond one year.”
The bench allowing the bail application remarked, “The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.”
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