MUMBAI: The Bombay High Court on Monday has granted bail to a 34-year-old man who spent over eight years in jail after being arrested for allegedly eloping with and raping his minor girlfriend, citing prolonged incarceration.
Justice Neela Gokhale ordered his release on a personal bond of ₹5,000 with one or two sureties of the same amount, noting the long period of custody and slow pace of trial. The court also observed, “Notwithstanding that the victim was 17 years of age at the time of the said offence, it appears that both the applicant and the victim were in a consensual relationship in their adolescence.”
The case was registered by Samta Nagar police on September 13, 2017 under Sections 363 (kidnapping), 366 (abduction) and 376 (rape) of the Indian Penal Code, along with Section 4 of the POCSO Act.
According to the police, the accused and the girl were in a relationship and had allegedly married discreetly at Mumbadevi temple. In June 2017, the girl’s family sent her to Bihar and arranged her marriage to another person. When she later returned to Mumbai, she informed her parents that she did not wish to continue the marriage and subsequently eloped with the accused.
The girl’s family traced the couple within days, following which a complaint was lodged and the accused was arrested on September 26, 2017.
In June 2020, the accused had moved the special POCSO court for bail, which was rejected. In the high court, his counsel argued that the trial had barely progressed, with only one witness examined so far, and was unlikely to conclude in the near future.