The Calcutta High Court granted bail to rape accused in view of the submissions made that he and rape victim, who is adult now, intended to get married in near future.
A Division Bench of the Calcutta High Court comprising of Justice Sanjib Banarjee and Justice Kausik Chanda was hearing the bail application filed by statutory rape accused under Section 439 of the Code of Criminal Procedure in connection with cases registered under the Indian Penal Code read along with Section 4 of the Protection of Children from Sexual Offences Act.
The petitioner argued claims that though the alleged victim was a minor when the petitioner may have had a sexual relationship with her, the victim has now attained majority and also stated that the petitioner and the victim intended to get married in the immediate future.
The High Court therefore granted bail to the accused relying on that submission but only after the Investigating Officers has satisfied himself on conversing with the victim that she understands the situation clearly and completely. The accused has also been directed by the Court to furnish a security bond of INR 10,000 and also produce a personal release bond of the same value of INR 10,000.
The Court has also directed that the marriage should take place withing the next three months, failing which the bail will be annulled. The Court has also stated that the bail will be annulled if there is any further complaint from the victim against the accused within 6 months after the marriage.
Court said, the bail granted to the rape accused in the present case, Sopikul Sk vs State, will be annulled in two situations:
- If the accused and the victim do noṭ get married in the next 3 months.
- If the victim makes any further complaint withing 6 months of marriage.
-India Legal Bureau