In a significant judgment balancing justice and social harmony, the Allahabad High Court’s Lucknow Bench granted bail to Atul Gautam, the accused in a high-profile inter-faith case involving allegations of rape, physical assault, and criminal intimidation. The bail was granted on the condition that the applicant marry the prosecutrix under the Special Marriage Act and provide financial security for her and their child.
The case, filed as Criminal Misc. Bail Application No. 11156 of 2024, was heard by Justice Rajesh Singh Chauhan. Appearing for the applicant were counsels Karunesh Singh and Vijay Pratap Singh, while the State was represented by Advocate General Bhanu Pratap Singh, with additional representation for the complainant by Piyush Shrivastava and Prabhat Singh Rathour.
Background of the Case
The prosecutrix, a Muslim woman, accused Atul Gautam, a Hindu man, of breaching his promise to marry her after they lived together in a consensual relationship that resulted in the birth of a child. An FIR was lodged under Sections 376 (rape), 323 (voluntarily causing hurt), 504 (intentional insult), and 506 (criminal intimidation) of the IPC at Madiaon Police Station, Lucknow. The accused had been in custody since September 16, 2024.
During the proceedings, both parties expressed a willingness to reconcile, leading the court to explore a resolution focused on their future together while safeguarding the victim’s and child’s welfare.
Key Legal Issues
1. Allegations of Rape in a Consensual Relationship: The court had to evaluate the complexity of consent in a relationship where the promise of marriage was allegedly broken.
2. Inter-Faith Dynamics: The relationship’s inter-religious nature required the application of the Special Marriage Act for legal validation.
3. Child Welfare and Financial Security: The court emphasized ensuring the child’s monetary stability and the prosecutrix’s social security as part of its decision.
Court’s Observations and Decision
In his detailed order, Justice Chauhan remarked on the need to balance the rights of the accused with the interests of justice and societal harmony. Quoting the prosecutrix’s concerns, the court observed:
“It is in the interest of justice and the larger interest of the infant child that the applicant and the prosecutrix reconcile and live together as husband and wife, providing a stable environment for the child’s upbringing.”
The court granted bail subject to several stringent conditions:
1. Marriage Under the Special Marriage Act: The accused must solemnize and register the marriage within seven days of release from jail.
2. Financial Security: The accused is required to create a Fixed Deposit Receipt (FDR) worth ₹5 lakhs in the name of the child through her mother, to ensure the child’s welfare.
3. Undertaking for Welfare: The accused must provide a written assurance to care for the prosecutrix and the child.
4. Compliance with Trial: The accused must cooperate fully with the trial process and abide by all court conditions.
Prosecutrix’s Concerns and Resolution
During the hearing, the prosecutrix expressed initial apprehensions about the accused’s intentions but ultimately agreed to the arrangement after the accused pledged to fulfill his commitments. The court facilitated a private discussion between the parties to ensure their willingness to proceed amicably.
The applicant’s release was directed to be executed upon furnishing a personal bond and sureties as prescribed, with strict adherence to the conditions outlined by the court. Non-compliance could result in the cancellation of bail.
