The Allahabad High Court has granted interim bail to the accused who is facing charges under Sections 137(2), 87, 64(1) of the Bharatiya Nyaya Sanhita, 2023, and Sections 5J(11)/6 of the POCSO Act, in connection with a relationship involving a minor girl.
The Court while noting the peculiar facts of the case, observed that both the accused and the prosecutrix are in a relationship, the girl is five months pregnant, and both parties have expressed willingness to marry under the Special Marriage Act once they attain the legal age.
The Court also took into account the medical report suggesting the prosecutrix’s age to be approximately 17, contrary to the FIR claim of 15. The complainant (the girl’s mother) supported the bail plea, stating there was no objection to the marriage.
Given the welfare of the pregnant prosecutrix and the unborn child, the Court granted interim bail for two months, subject to conditions including cooperation with the investigation, appearance in court as required, and proper care of the girl during her pregnancy. The parties have been directed to appear before the Court on September 3, 2025, to report on the applicant’s conduct and the girl’s well-being.
The Court clarified that both parties, belonging to different religions, would have to register their marriage under the Special Marriage Act after attaining legal marriageable age.
Appearance in the case:
Counsel for Applicant :- Deepak Kumar
Counsel for Opposite Party :- G.A
Read Order
