New Delhi: The Delhi high court on Friday granted a rape accused man anticipatory bail, after the bench was told that the accused and the complainant were married. According to LiveLaw, the complainant’s mother also said she had no objection to the accused being granted anticipatory bail. The complainant was also present during the video-conference hearing.
The additional public prosecutor, Meenakshi Chauhan, however, opposed the bail. Chauhan said that the complainant had reiterated her statement under Section 164 of the Code of Criminal Procedure. The accused, on the other hand, a government servant, said in his statement that the complaint had been lodged due to a misunderstanding between the two.
On hearing all sides, Justice Manoj Kumar Ohri of the Delhi high court said, “Keeping in view the totality of the facts and circumstances, it is directed that in the event of his arrest, the petitioner be released on anticipatory bail.” According to LiveLaw, the judge granted pre-arrest bail and said that in the event of his arrest, the petitioner will have to provide a personal bond worth Rs 25,000 to the arresting officer.
India’s rape law states that sexual intercourse based on the ‘false promise to marry’ can amount to rape. It is not clear if that is what the complainant had alleged in this case.
In September this year, the Madhya Pradesh high court granted a rape accused two months bail so that he could marry the complainant.
In July this year, LiveLaw reported, a plea was filed in the Kerala high court “asserting that rape is a non-compoundable offence and allowing a rape convict’s plea for suspension of sentence to marry the rape survivor will set a bad precedent”.
