Cuttack: The Orissa High Court has granted one-month bail to a 26-year-old rape accused to marry a woman he had allegedly raped when she was 16. The HC observed that the relationship between the two was consensual and not forced or exploitative.
“The allegations, though serious in their statutory framing, arise out of a consensual relationship between two individuals who are very close in age and shared a personal bond prior to the filing of the present case,” Justice S K Panigrahi said in the bail order uploaded on Monday.
The accused, identified as Hamid Sha, was arrested under POCSO Act in 2023 following a complaint by the woman that he had maintained physical relationship with her since 2019 on the promise of marriage. She complained that she had become pregnant twice in 2020 and 2022, and he forced her to terminate the pregnancy.
A case was registered against him at the Niali police station on her complaint in 2023 and the man was arrested.
The undertrial prisoner had moved court for interim bail, claiming that his and the woman’s families have agreed that the petitioner should marry the complainant. His lawyer informed the court that the petitioner has expressed his consent to this arrangement and has undertaken to solemnise the marriage upon his release.
Taking it on record, Justice S K Panigrahi said the allegations, though serious in their statutory framing, arise out of a consensual relationship between two individuals who are very close in age and shared a personal bond prior to the filing of the present case and do not prima facie exhibit characteristics of force, coercion or exploitation.
“The possibility of reconciliation, the familial understanding now reached, and the future prospects of both parties further tilt the balance in favour of extending temporary liberty without compromising the integrity of the ongoing investigation or the dignity of the prosecutrix,” the HC i observed.
“It is directed that the petitioner (Hamid Sha) be released on interim bail for a period of one month reckoning from the date of his actual release on interim bail by the trial court in the aforesaid case on such terms and conditions as deemed just and proper by it,” the Court ordered.
The petitioner has been directed to surrender before the trial court on or before the exact date of completion of interim bail period.
