The High Court of Delhi on Friday granted anticipatory bail to a man accused of raping a woman who subsequently married the prosecutrix.
The order was passed by a Single Judge Bench of Justice Manoj Kumar Ohri taking into account the fact that the mother of the prosecutrix did not raise any objections to the marriage.
A First Investigation Report was registered against the petitioner under Section 376 and Section 313 of the Indian Penal Code.
The petitioner argued that the FIR lodged on him was on account of a misunderstanding between the parties and he had already given a request for re-recording the prosecutrix’s statement under Section 164 of the Code of Criminal Procedure (CrPC). Later he also added that he was a government servant and had even cooperated during the investigation.
It was further submitted that although the alleged incident was committed between the period from January 2020 to June 2020, the FIR was registered only in July 2020.
The state opposed granting of anticipatory bail on the ground that the prosecutrix had supported the allegations on the petitioner in her statement recorded under Section 164\ Code of Criminal Procedure.
The mother of the prosecutrix, however, submitted that the petitioner had married her daughter and thus, had no objection in releasing the petitioner on anticipatory bail.
Therefore, after hearing both sides and considering the totality of the facts and circumstances, the Court granted anticipatory bail to the petitioner.
In the event of his arrest, the Court noted that the petitioner shall be released on anticipatory bail on a personal bond of sum Rs 25,000 with one surety in the like amount to the officer concerned.
The Court also directed the petitioner to cooperate in the investigation process as and when required and to appear for trials before the court as and when the charge-sheet is filed.