Court grants anticipatory bail to rape accused

New Delhi: Granting anticipatory bail to a man accused of raping and impregnating a minor, a Delhi court highlighted the need for welfare and maintenance of the child born due to the offence.

Saket District court granted anticipatory bail to accused till further orders. It directed him to take measures for welfare of the five months old child.

Special Judge (POCSO) Anu Aggarwal granted anticipatory bail to the accused and directed him to pay Rs 10,000 per month for the maintenance of the child who is in the shelter home in Sarita Vihar. He is also directed to open an FD of Rs 2 Lakh in the favour of the child.

The Court said, “ What is disturbing is that when the bail application was heard on August 29, 2024, the applicant and the prosecutrix were only submitting regarding their willingness for marriage and that the applicant should be granted bail.”

“None of them submitted regarding the child. It is only when the query was put by the court with respect to the welfare of the child that both the sides showed their willingness to take the custody of the child,” Special Judge noted in the order.

The court observed, “ The fact that the prosecutrix is willing to marry the applicant prima facie shows that the relationship was consensual. Whether the prosecutrix has wrongly informed her age to be as major to the applicant is a matter of trial.”

The court said the child is also victim in this case.

“However, there is another angle to this case and there is another victim in the case. The another victim is the child who was born out of the relationship between the applicant and the prosecutrix. The child is only five months old and is in shelter home. He is victim as he was born out of the offence committed in the present case. He is victim of circumstances and is a child in need of care and protection,” the court said.

The court said that the child is suffering for no fault of his and is forced to live without parents, even though, he has both father and mother.

The court directed that a separate account shall be open in the name of the child by the Welfare Home for Children, Sarita Vihar and the applicant (Father) shall deposit Rs 10,000 per month for the welfare of the child in the said account.

“ Since the child is with the Welfare Home for Children, Sarita Vihar, all the expenses of the child is borne by the State.