Court Grants Bail To Rape Accused On Condition He Marries Survivor

Allahabad High Court releases 26-year-old rape accused Naresh Meena on bail with the unusual condition that he must marry the survivor within three months, raising questions about judicial reasoning in sexual assault cases.
The Allahabad High Court has granted bail to a 26-year-old rape accused under the controversial condition that he marry the survivor within three months of his release from jail. The February 20 order, issued by Justice Krishan Pahal's single-judge bench, came after the accused, Naresh Meena alias Narsaram Meena, expressed through his counsel his willingness "to take care of the victim as his wedded wife."
"The applicant shall marry the victim within a period of three months of his release from jail," stated Justice Pahal in the bail order. Notably, the court did not specify the legal reasoning behind this unusual condition, nor did it clarify whether the survivor was consulted or present during the hearing.
Meena was arrested in September last year following charges filed at Khandauli Police Station in Agra under Section 376 (rape) and Section 506 (criminal intimidation) of the Indian Penal Code, along with Section 67 of the IT Act. According to prosecution lawyer AK Shukla, Meena allegedly defrauded the survivor of Rs 9 lakh by promising her a job in the Uttar Pradesh Police before sexually assaulting her and circulating obscene videos of her on social media.
Defense counsel Kamlesh Kumar Dwivedi rejected these allegations as false and highlighted a four-month delay in filing the FIR. The court ultimately granted bail, noting that "the state could not bring forth any exceptional circumstances which would warrant denial of bail to the accused" and citing the principle that "bail is a rule, jail as an exception."
In its reasoning, the court emphasized that the purpose of bail is to ensure the accused's appearance at trial, adding that there was no evidence suggesting Meena would flee from justice, obstruct legal proceedings, or pose other risks such as repeating offenses or intimidating witnesses. The bench also took into account that Meena had no prior criminal history, reinforcing its decision with the legal principle of "Presumption of Innocence Unless Proven Guilty."



















