Allahabad High Court: In a bail application filed in an FIR registered under Sections 137(2), 87, 64(1) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) and 5(2)(j)(ii) and 6 of Protection of Children against Sexual Offences Act, 2012 (‘POCSO’) the Single Judge Bench of Rajesh Singh Chauhan, J., allowed the application and directed the accused to take care of the minor pregnant victim while on bail.
Background
Allegedly, the accused, aged 20 years, and the victim, aged 15 years, got married. It was not a social marriage. After the marriage, the victim became pregnant. Thereafter, a complaint was lodged by the victim’s mother against the accused and he was arrested.
The victim’s family contended that they had no objection if the accused and victim got married. Furthermore, the victim was five months pregnant.
The accused contended that the age if victim was recorded as 15 but as per medical examination report, her age is about 17 years. Further, he was willing to marry the victim.
Analysis
The Court noted that the victim was 17 years old and not of marriageable age, but she was pregnant with the accused’s child and both were willing to get married. Thus, in the interest of the victim and her child, the Court held that the accused could be enlarged on interim bail for two months so that he could look after the prosecutrix.
Accordingly, the Court granted bail to the accused, subject to him furnishing a personal bond of Rs.25,000, with two sureties each in the like amount to the satisfaction of the Court concerned.
The Court further noted that since the accused was Hindu and the victim was Muslim, they would have to get married under Special Marriage Act, 1954 (216;SMA’), but, both of them were not of marriageable age. Hence, the Court imposed a bail condition that as soon as both the parties attained the marriageable age, they shall apply their marriage under SMA and get their marriage registered before the marriage registration authority. In the meantime, the accused shall look after the victim properly and provide her all necessary medical facility required by her.
The Court further directed that the accused and victim, along with the victim’s mother shall appear in person before the Court on 03-09-2025 to apprise the Court as to whether the accused was properly looking after the victim and whether the victim was satisfied with his efforts and support.
Lastly, the Court stated that the interim bail might be extended on the next date considering the aforesaid aspect and the present interim bail application may be made absolute if, the Court finds the conduct of the accused suitable.
[Satyam Sonkar v. State of U.P., 2025 SCC OnLine All 4044, decided on 01-07-2025]
Advocates who appeared in this case :
For the applicant: Deepak Kumar
For the respondent: Additional Govt Advocate Ravi Shankar Maurya and Ajeet Kumar
