Delhi High Court
Photo: ANI
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The High Court observed that it is neither proper nor practical for the courts to conclude at the stage of bail of an accused that his promise of marriage was false or mala fide. Such a decision can be taken after fully evaluating the evidence presented by the parties during the hearing.
Justice Anoop Jairam Bhambhani, while making this remark, ordered the release of a 20-year-old youth on bail. He said both the parties were majors at the time of the alleged incidents and were in a relationship. Even their families knew this. It is not even that the parents of both were considering getting them married.
The court said it appeared that the proposed marriage was waiting for both of them to complete their education. Therefore, it cannot be said at this stage that the alleged promise of marriage made by the petitioner to the girl was prima facie false, it was made with mala fide intention.
A case was registered against the youth in the year 2021 under IPC sections 376 and 377. He was in judicial custody for one year and seven months. The police had filed a charge sheet against him on December 10, 2021. The trial court had framed charges against him under the charge of rape and acquitted him of the charge of unnatural sex.
The accused had said that he and the complainant girl were adults and were classmates. Both were in a relationship for two years. The case was registered against him because his marriage proposal was broken.
