Latest JudgementIndian Penal Code, 1860

Naresh Meena alias Narsaram Meena Vs. State of Uttar Pradesh, 2025

Grant of Bail to Rape Accused with Condition of Marrying the Victim

Allahabad High Court·6 March 2025

Indian Penal Code, 1860

Court

Allahabad High Court

Date of Decision

6 March 2025

Judges

Justice Krishan Pahal

Citation

Acts / Provisions

Section 13(1)(ia), Hindu Marriage Act, 1955

Section 25, Hindu Marriage Act, 1955

Facts of the Case

The accused was arrested in September 2024 for rape, criminal intimidation, and publishing obscene material online after sexually assaulting the victim and circulating an obscene video of her.
The accused promised the victim a job in the Uttar Pradesh Police, took ₹9 lakh from her, and sexually assaulted her.
The victim reported the incident, and the accused was arrested.
During the bail hearing, the accused expressed his willingness to marry the victim, and the Court granted bail on the condition that he marry her within three months of his release.

Whether the accused should be granted bail in light of the serious charges of rape, criminal intimidation, and publishing obscene material?
Should the Court impose a condition that the accused marry the victim within three months as a condition of bail?
Did the Court consider whether the complainant (victim) was heard or consulted before imposing such a condition?

The Court applied the principle of presumption of innocence and the established rule that bail should be granted in the absence of strong reasons against it.
The Court found that the prosecution failed to demonstrate any material to suggest the accused would flee or disrupt the legal process.
However, the Court's imposition of the condition of marriage raises questions, particularly regarding whether the victim was consulted about this arrangement.

The Court granted bail based on the principle that bail is the default, unless the accused poses a flight risk or threat to the judicial process. However, the imposition of marriage as a condition may be seen as controversial and not typical in criminal cases.
This judgment may impact future cases involving similar charges, especially if courts begin imposing unconventional conditions such as marriage as a condition for bail in sensitive cases involving sexual offenses.
The condition imposed by the Court might be contested in future cases, particularly on grounds of its appropriateness and fairness, especially regarding the victim’s autonomy and consent.