Allahabad HC Grants Bail to Rape Accused on Condition of Marrying Inter-Faith Partner and Securing Financial Support for Child
Pranav B Prem
The Allahabad High Court recently granted bail to a man accused of raping his inter-faith live-in partner on the condition that he marries the prosecutrix under the Special Marriage Act and provides financial security for her and their child through a ₹5 lakh Fixed Deposit Receipt (FDR).
Background
The accused, Atul Gautam, was charged under Sections 376, 323, 504, and 506 of the IPC following a complaint lodged by the prosecutrix. The complainant, a Muslim woman, alleged that the accused, a Hindu man, breached his promise to marry her despite their years-long live-in relationship, during which they had a child.
Court Proceedings
Justice Rajesh Singh Chauhan heard the bail application and noted that the prosecutrix appeared before the court with her five-month-old child, admitting that the accused was the father. She expressed her willingness to marry him but voiced apprehensions about potential mistreatment after marriage. She requested the court to ensure financial security for herself and her child. In response, the accused assured the court of his readiness to marry the prosecutrix under the Special Marriage Act. He also agreed to create an FDR worth ₹5 lakh for their child and committed to supporting both the prosecutrix and the child.
Conditions for Bail
The court granted bail to the accused with specific conditions aimed at safeguarding the interests of the prosecutrix and the child:
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As soon as the applicant is released from jail, say within seven days from the date of his release the applicant shall move an application under the Special Marriage Act, before the court concerned and shall do the required pairvi so that the appropriate orders regarding their marriage be passed from the competent court under the relevant provisions of the Special Marriage Act.
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After performance of the marriage under the Special Marriage Act, they shall get their marriage registered with the Marriage Registering authority concerned, as early as possible.
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Applicant shall approach the Bank concerned and shall get the Fixed Deposit Receipt of Rs.5.00 Lacs (Rupees Five Lacs only) prepared in the name of the infant child through her mother, for a period of 05 years.
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Applicant shall look after his wife/prosecutrix and the infant child properly.
Observations by the Court
Justice Chauhan emphasized the mutual willingness of both parties to resolve their disputes and live together as a family. The court remarked: "Since they themselves have decided the conditions for living together as husband and wife, and considering the larger interest of the parties and their infant child, this appears to be a fit case for bail."
Cause Title: Atul Gautam vs. State Of U.P. Thru. Prin. Secy. Home Deptt.
Case No: CRIMINAL MISC. BAIL APPLICATION No.11156 of 2024
Date: December-05-2024
Bench: Justice Rajesh Singh Chauhan
[Read/Download order]
