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On May 5 2021, the Allahabad High Court while granting bail to the accused stated that any compromise or marriage with the accused could not be the ground for bail in cases concerning sexual offences. The bail application was moved before a bench of Justice Saurabh Shyam Shamshery seeking the release of an accused named Imran, who was arrested on January 13 2021 for forceful indulging in a sexual relationship with the victim. The counsel representing the applicant submitted that the applicant is a taxi driver and he has a wife and one daughter. He further submitted that the victim used to employ his taxi to visit places and the applicant has been dishonestly framed in this case to obtain a monetary gain from him.
Counsel for the victim opposed the bail application based on the statement given by the victim and he further stated that the first informant was victimised by the act of the applicant. However, he failed to mention that the victim and the accused was in a consensual relationship for two years.
After acknowledging the submissions made by both parties the High Court stated that the material available on record, the term of confinement already undergone, the uncertainty of early conclusion of the trial, absence of any reasonable material to indicate the probability of tampering with the evidence, relevant factors mentioned above, that there were applications for lodging F.I.Rs. against each other. The High Court concluded viewing it as a dispute over the exchange of cash and also considering the situation of the COVID-19 pandemic. The court also found that prima-facie the applicant and the victim were in a consensual relationship for two years. The bail application was approved.
The High Court also directed the applicant:
[1] To not tamper with evidence and to not harass the victim.
[2] To abide by court orders and to be present on every date of trial to avoid any delay in disposal of the case.
[3] To file an undertaking stating that he would not seek any adjournment on the date fixed for evidence when the witnesses are present in court.
[4] To not misuse the liberty of bail in any manner.
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