Allahabad HC grants bail to rape accused on condition of marriage, financial support for newborn

The Allahabad High Court has granted bail to Abhishek, a man accused of raping a teenager under the pretext of marriage, with the condition that he marries her upon his release and provides for their newborn, reported TOI.

Justice Krishan Pahal ordered Abhishek to marry the survivor within three months of his release and to deposit Rs 2 lakh in a fixed deposit in the newborn's name until she reaches adulthood.

According to TOI, the case arose after Abhishek allegedly engaged in a physical relationship with the girl, promising to marry her, but later denied this and threatened her when she became pregnant. A rape case was subsequently filed against him under the IPC and Pocso Act at the Chilkana police station in Saharanpur, Uttar Pradesh.


While the girl's counsel claimed she was 15, Abhishek's defense argued she was 18, citing an ossification report. The girl later stated in court that the relationship was consensual, supporting Abhishek’s argument that he intended to marry her and care for their child, noted the TOI report.

In its September 18, 2024, ruling, the court noted the need for a nuanced approach in cases involving adolescent relationships, highlighting the importance of distinguishing between genuine exploitation and consensual relationships.

The court also affirmed the principle of presumption of innocence, stating that a person's right to liberty cannot be revoked solely based on accusations. Relying on a Supreme Court judgment, the bench reiterated that "bail is a rule and jail is an exception." Abhishek, who has been incarcerated since April 2024, assured the court he would not misuse his bail.