Gujarat high courtAHMEDABAD: The Gujarat high court recently granted bail to a man accused under the Protection of Children from Sexual Offences (Pocso) Act after he promised the court that, if granted bail, he would marry the victim in two months. He also told the court that if he failed to marry her in two months, the court could put him back behind bars.
The case involves Chirag Maradiya (23) from Rajkot, who was lodged in the Rajkot central jail after he was arrested following his elopement in December 2019 with his minor girlfriend.
The girl’s father lodged an FIR at the Rajkot taluka police station accusing Maradiya of luring her away from his lawful custody.
Upon his arrest, Maradiya was booked for abduction as well as rape. He was also booked under Pocso Act because the girl was 17 years and eight months old.
A special Pocso court in Rajkot denied Maradiya bail in May. He approached the HC and his lawyer submitted that the girl was a minor at the time of elopement, but has now attained adulthood. The girl also filed an affidavit which did not support the prosecution story.
She expressed her willingness to marry Maradiya.
The HC further noted in its order that Maradiya was ready and willing to marry the victim and his family members were ready to accept the girl.
“It is further submitted that as soon as the applicant is released on bail, he and his family members will perform marriage. In case the marriage is not performed within two months of the release of the applicant, he would be ready and willing to go back to jail,” the court recorded in order.
On hearing the case, the HC granted conditional bail to Maradiya on furnishing a bail bond of Rs 10,000. The HC also said that when the trial takes place in this case, the trial court should not be influenced with the observations in this HC order.
(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)