Allahabad High Court Grants Bail to Man Accused of Raping Minor with Conditions for Marriage and Child Support

The Allahabad High Court has granted bail to a man accused of raping a minor under the guise of marriage. The court stipulated that upon his release, he must marry the teenager and care for their newborn. Justice Krishan Pahal also ordered him to deposit Rs 2 lakh in a fixed account for the child.

The accused, Abhishek, is being released based on his lawyer's assurance that he will wed the victim within three months of his release. He is also required to care for both the teenager and their baby. The court mandated that Rs 2 lakh be deposited in the child's name until she reaches adulthood, with a six-month deadline post-release.

Accusations and Legal Proceedings

According to the prosecution, Abhishek allegedly deceived the 15-year-old girl by promising marriage and then establishing physical relations. When she became pregnant, he reportedly refused to marry her and even threatened her. Consequently, a rape case was filed against him under the Indian Penal Code and the Protection of Children from Sexual Offences Act at Chilkana police station in Saharanpur district.

Abhishek's lawyer argued that the survivor is actually an adult, citing an ossification report indicating she is 18 years old. Additionally, in her statement to the magistrate under Section 164 of the Criminal Procedure Code, she mentioned no force was used against her.

Court's Consideration and Decision

During the hearing, it was conveyed that Abhishek is willing to take responsibility for both the survivor and their child. His counsel assured the court of his intention to marry her and care for their daughter. The lawyer also noted that Abhishek has been incarcerated since April 4, 2024, and promised he would not misuse his freedom if granted bail.

The court acknowledged that cases involving adolescent relationships require careful consideration. It emphasized the importance of distinguishing between genuine exploitation and consensual relationships to ensure justice is appropriately served.