In a controversial verdict, the Allahabad High Court has granted bail to a 26-year-old man accused of rape, on the condition that he marries the 23-year-old survivor within three months of his release. This decision, delivered by Justice Krishan Pahal, has ignited debates over the implications for justice and victim’s rights.
The accused, a resident of Sikar district in Rajasthan, was attending coaching classes for police recruitment exams where he met the survivor. According to the FIR lodged in May 2024, the survivor was sexually assaulted multiple times since February of that year. The accused was subsequently arrested on charges under IPC sections 376 (rape) and 506 (criminal intimidation), along with provisions of the IT Act for allegedly sharing intimate videos of the survivor.
During the High Court proceedings, it was revealed that the accused had coerced the survivor into a physical relationship by promising her a job in the UP police department, further complicating her distress by allegedly extorting ₹9 lakh under the threat of releasing their intimate videos.
Justice Pahal, in his ruling, emphasized that “a person’s right to life and liberty, guaranteed by Article 21 of the Constitution, cannot be taken away merely because the person is accused of committing an offence until the guilt is established beyond reasonable doubt.” This perspective led to the bail condition requiring the accused to marry the survivor and not tamper with evidence, a condition that has raised concerns about its impact on the survivor’s autonomy and the legal process.
The defense lawyer, Neeraj Pathak, assured that the conditions set by the court would be strictly adhered to, stating that the survivor would be notified and full compliance with the court’s directives ensured.
This is not the first instance where the Allahabad High Court has made headlines for similar bail conditions. In October of the previous year, the court granted bail to a man accused of raping a minor girl, with the stipulation that he marries the victim and provides for their newborn child, alongside depositing ₹2 lakh in the child’s name.
