The Delhi High Court on Monday granted granted bail to a youth accused of raping a minor saying that their physical relationship was consensual. A bench of Justice Pratibha Rani granted bail to Monu, a resident of Punjab, on a personal bond of Rs 25,000 with one surety of the like amount.
"No doubt, the prosecutrix is stated to be minor aged about 15 years of age. In her statement under Section 164 CrPC, she has stated that she had gone with Monu of her own free will. She has further stated that Monu is her boyfriend and their family members are now ready for their marriage.
"In the given facts and circumstances of the case, the application is allowed and the petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs 25,000 with one surety in the like amount to the satisfaction of the concerned court," the bench said. The court also directed Monu not to leave the country without the permission of the concerned court and not to misuse the liberty granted to him.
According to the petition, on March 5, Monu's parents performed the engagement ceremony of the accused with the minor at Lajpat Nagar in New Delhi. Later, the girl came at the house of the accused and started living with him without informing anyone in her family.
On July 20, a missing complaint was lodged by the mother of the girl in Lajpat Nagar police station stating that her daughter has left the house without intimating anyone.
The police registered an FIR and Monu was arrested under sections 363 (kidnapping)and 376 (rape) of the IPC and also under relevant sections of Protection of Children from Sexual Offences (POCSO) Act.
Later, when she came to know about the whereabouts of her daughter, the mother requested the police to close the matter as they have found the girl, it said.
However, "the police arbitrarily and without any justification took the accused into their custody and sent him to jail," the plea said.
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