The Allahabad High Court recently granted bail to a rape accused on the condition that he marries the victim within three months of his release..Justice Krishan Pahal passed the order on February 20 after the accused, a 26-year-old man, said he “as a bonafide person, is ready to take care of the victim as his wedded wife”.“The applicant shall marry the victim within a period of three months of his release from jail,” the Court said in one of the bail conditions as it ordered release of the accused..However, the order is silent on why such direction was passed and whether the complainant was heard by the Court. The accused, Naresh Meena alias Narsaram Meena, was arrested in September 2024 in connection with a case registered by Agra Police under Section 376 (rape) and Section 506 (criminal intimidation) of the Indian Penal Code along with Section 67 of the Information Technology Act. .The case was registered at Khandauli Police Station in Agra As per the prosecution, Meena lured the victim by promising to help her get recruited into the Uttar Pradesh Police, took ₹9 lakh from her, sexually assaulted her and later circulated an obscene video of her on social media.During the bail hearing, Meena’s counsel argued that the allegations were false. He also cited a delay of four months in filing the FIR..The Court in the order said the State could not bring forth any exceptional circumstances which would warrant denial of bail to the accused.“It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA.”Considering the absence of Meena’s prior criminal record and the principle that “bail is a rule, jail as an exception”, the Court granted the accused bail."The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception," the single-judge said..Advocate Kamlesh Kumar Dwivedi represented the accused. Advocate AK Shukla appeared for the State. [Read Order]
