Bombay High Court Grants Bail to Rape Accused on Condition to Marry Survivor
The Bombay High Court recently granted bail to a man accused of rape, with the condition that he marries the survivor if she is found within a year. The court noted that the relationship was consensual, and the victim, a major at the time, is currently untraceable.
The accused assured the court through an affidavit that he is willing to marry the survivor and accept paternity of the child. However, the public prosecutor informed the court that the girl could not be located and that the child, who was placed in a child care center, had already been adopted.
Justice Bharati Dangre decided to release the accused on bail, emphasizing that if the survivor is found within a year, the accused must marry her. After one year, the accused will not be bound by this condition.
The judge stated, “When the incident was reported, the victim was a major and had confirmed that the relationship was consensual. The accused and his family expressed their readiness to marry her. Given these circumstances and her untraceability, it is appropriate to release the accused on bail, provided he marries the survivor if found within a year. This condition will not extend beyond one year.”
The accused and the victim met in 2018 and entered into a consensual relationship, with plans to marry. Both families had agreed. In October 2019, when the victim discovered she was six months pregnant, the accused allegedly avoided contact and refused to marry her, leading to the rape and cheating charges.
After the accused did not respond, the victim delivered the child away from home and left the baby at another person’s premises. The child was then admitted to a care center. Subsequently, a case was filed against the victim for abandoning the child, which could explain her disappearance.
The court directed that the accused be released on bail upon furnishing a bail bond of ₹25,000.
Case Title: Chetan Chandrakant Tambatkar v. State of Maharashtra & Anr.
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