Marriage, compromise with accused should not be prescribed as condition for granting bail to accused in sexual offences: Allahabad High Court

31st May,2021

Marriage, compromise with accused should not be prescribed as condition for granting bail to accused in sexual offences: Allahabad High Court


The Allahabad High Court decided that marriage or compromise with the accused should not be used as a condition for granting bail to individuals accused of sexual offences (Imran v. State of Uttar Pradesh). Justice Saurabh Shyam Shamshery of a single-judge bench held that when granting bail in situations involving sexual offences against women, the court should not impose bail conditions that are unjust. When granting bail in cases involving sexual offences against women, the court should not impose conditions that go against the mandate of "fair justice" to the victim, such as making any type of compromise or marriage with the accused, and should take into account the Supreme Court's directions in Aparna Bhat and others Vs. State of Madhya Pradesh and others, 2021 SCC. The Court stated that it should keep track of the factors that influenced the court's decision to use its discretionary power to grant or deny bail. The Court stated that bail conditions should not be so stringent that they are impossible to meet, rendering the grant of bail illusory. The court also stated that the judge hearing the case has complete discretion over whether or not to grant bail, and that while that authority is unrestricted, it must be "executed prudently and in a humane, compassionate, and not whimsical manner." Imran, a cab driver who was married and had a child, appeared in court for a bail hearing. Imran claimed that the victim, who was a transgender man, used to take his taxi to go places and that he was wrongly implicated in the current case in order to extort money from him. It was also revealed that applications for filing First Information Reports (FIRs) against each other had been filed at the concerned court on behalf of the victim and the applicant's wife, and that the cases were still ongoing. When considering an application for bail, the Court must consider several factors, including the existence of a prima facie case against the accused, the gravity of the allegations, the severity of the punishment, the accused's position and status, the likelihood of the accused fleeing justice and repeating the offence, and the reasonable fear of tampering with witnesses and obstructing the justice system. Prima facie, the applicant and the victim were in a consensual relationship for two years, and there are applications for filing F.I.Rs against each other, as well as a dispute over money exchange, and given that the applicant has been in jail since 13.1.2021 and the current situation due to the Covid-19 Pandemic, a case for bail is made out. Allow the applicant Imran, who is a party to the aforementioned case criminal number, to be freed on bail after posting a personal bond with two sureties in the same amount to the satisfaction of the court."