Published on: 14 November 2022 at 18:16 IST
In the matter of Surjeet Kumar v. State of Uttarakhand, the Uttarakhand High Court allowed a short-term bail to the rape accused, so that he and the victim could get married.
According to the Justice Ravindra Maithani, in a case of rape simpliciter, the Court should not encourage marriage between the parties. However, this was a case where marriage was fixed and the accused declined after establishing physical relations with prosecutrix.
According to the factual matrix, recorded in the FIR, the accused and victim marriage was fixed. After which the accused established physical relations with the victim and then declined to marry her.
The accused was directed to be released on bail for two weeks after executing a personal bond and furnishing two reliable sureties of the like amount. It was further directed that on expiry of the duration of short-term bail, the applicant was to surrender before the court concerned.
Case Title – Surjeet Kumar vs. State of Uttarakhand