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UThe Allahabad High Court recently granted bail to a rape accused on the condition that he marries the victim within three months of his release.
Justice Krishan Pahal passed the order on February 20 after the accused, a 26-year-old man, said he “as a bonafide person, is ready to take care of the victim as his wedded wife”.
“The applicant shall marry the victim within a period of three months of his release from jail,” the Court said in one of the bail conditions as it ordered release of the accused.
However, the order is silent on why such direction was passed and whether the complainant was heard by the Court.
The accused, Naresh Meena alias Narsaram Meena, was arrested in September 2024 in connection with a case registered by Agra Police under Section 376 (rape) and Section 506 (criminal intimidation) of the Indian Penal Code along with Section 67 of the Information Technology Act.
The case was registered at Khandauli Police Station in Agra
As per the prosecution, Meena lured the victim by promising to help her get recruited into the Uttar Pradesh Police, took ₹9 lakh from her, sexually assaulted her and later circulated an obscene video of her on social media.
During the bail hearing, Meena’s counsel argued that the allegations were false. He also cited a delay of four months in filing the FIR.
The Court in the order said the State could not bring forth any exceptional circumstances which would warrant denial of bail to the accused.
“It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA.”
Considering the absence of Meena’s prior criminal record and the principle that “bail is a rule, jail as an exception”, the Court granted the accused bail.
“The well-known principle of “Presumption of Innocence Unless Proven Guilty,” gives rise to the concept of bail as a rule and imprisonment as an exception,” the single-judge said.
[https://www.barandbench.com/news/allahabad-high-court-grants-bail-rape-accused-condition-he-marries-victim-three-months](https://www.barandbench.com/news/allahabad-high-court-grants-bail-rape-accused-condition-he-marries-victim-three-months)
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PNot even sure what to make of this.
On one hand, it’s embarrassing for us as a country if we believe the woman’s story.
But on the other hand, considering how skewed the law is against Indian men, the chances of that guy being innocent is also possible.
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UOk so the thing says he sa ed her. And released a video online. You can’t make that shit up , they must have video evidence it’s safe to say the juge was crazy
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UNAL, even if the video was made, what i got from the story is that the guy promised some job post in return for sex, i mean then it would be consensual, so how would that amount to rape? Video recording will be a crime right?
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UHow is that consensual on a moral standpoint also , have you really seem men who do this? They don’t ‘offer’ they threaten. Chalo man lo they aggred then also recording the thing gives you a clear indication of his intentions he wanted to use her further. How can you think that a man who recorders the act is somehow innocent? That he wouldn’t have used different measures to make sure the victim falls in his trap?
Sari empathy bas ladkon ko de di kya?
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UBhai, i am just asking qs, not assuming or empathizing, i just read the story, and interpreted something and was just confirming if i thought something wrong, har jagha men v women kar zaruri hai kya. Matlab kuch bhi.
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UYou in your comment made a man vs woman issue. I didn’t. Stop going in circles.
How can a logical person think that a guy who recorded is innocent? You are very apparent in your thought process don’t try to defend yourself
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U>How can a logical person think that a guy who recorded is innocent?
When the hell did i say that, read the comment bro, i literally said “it’s a crime right?”, and i never made it about men or women, grow up.
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QYou know a person can be guilty of crime A but still innocent of crime B.
Illegally recording is still a crime irrespective of whether the encounter was consensual.
If the encounter was agreed upon by both parties initially, and the complainant decided to term it as rape just because the video was leaked, that is not correct. If the encounter was not consensual, then there should be harsh punishment levied upon this person.
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ULook at it like 2 independent events. Like a series of acts.
The recording gives every one enough context about his intentions. You can willingly understand what he wanted and can trust the victim about her complaint here.
If you still don’t, then you are giving the accused so much trust more trust than the person who has filled the complaint? In a way you are basically misplacing who is the victim here.
All because you have made assumptions that do not follow any logical explanation other than the fact that you are simply sexist.
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QI have not made any assumptions. I am just replying to your comment. Guilty on one account should not bear anything on another account. The other account(rape) should taken into consideration onto its own merits.
> other than the fact that you are simply sexist.
Sexism is siding with one gender. Here, I do not consider sex, and is evident from my comment addressing both individuals as person. To me, just because she is a female and incapable of lying is sexism from your end.
I am not siding with either of them, just replying to your comment.
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DAllagedly.
The judge already noted that *prima facie* the evidence of his innocence seems to be legit. That was the actual reasoning behind bail. Here’s the full order: [https://images.assettype.com/barandbench/2025-03-05/39kr8eeq/Naresh_Meena___Narsaram_Meena_v_State_of_UP.pdf](https://images.assettype.com/barandbench/2025-03-05/39kr8eeq/Naresh_Meena___Narsaram_Meena_v_State_of_UP.pdf)
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UThey dont have it. Otherwise a prima facie case would have been established.
Further the order also says that “There is no criminal history of the applicant. The applicant islanguishing in jail since 21.9.2024. In case, the applicant isreleased on bail, he will not misuse the liberty of bail.”
The case has been filed before September and any evidence regarding his actual involvement, if any, would be there and they could have produced it during bail. They didnt. If the case is proved to be false at a later stage, which it prima facie appears to be, then how are you going to compensate a young man of 26 years age who suffered unnecessarily in jail. He has already been in jail for more than 3 months. And the triple test for bail is you’ve not be in a flight risk; and not be in a position to tampering with evidence or witness, which he can not. Hence the bail. This is the exact reason why Arvind Kejriwal was granted bail too.
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UWhat’s up with the reasoning of criminal records, the victim doesn’t have any either. How come her complaint appears false to you?
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UCourt dosent check victims criminal records. Further, it has no relevance in this case as i said, triple test of bail+no criminal antecedents is satisfied and hence he can be released on bail. We dont need to do a full trial for releasing a person on bail.
Ans again, they didnt produce the social media posts before the court even after 5/6 months.
People here dont understand the principle that liberty of a citizen cannot be curtailed in a casual manner. If the court starts to impose a rule that you’ve to prove you’re innocent before you get bail, no one is getting put in bail.
As a lawyer i can say that even i can file a completely false FIR in such a manner that without doing anything you would have to go to jail for atleast a week. Without these rules for bail, you would be inside for months or even years without even actually doing anything.
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UWhy does everyone start assuming that the guy is innocent? Whenever anything happens anywhere this is the first assumption always. Even when i was groped people thought i was being too uptight. Like you live in India… False cases exist for every crime. But atleast read about locality and location of the crime to form opinions. Moreover how is everything always counted in the exception? 8 percent isn’t higher than 92 percent
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DThat’s literally false. Everyone assumes that the guy is guilty. Just think, if a guy in your neighborhood was ever accused of harassment. Would you assume he was safe for women to be around, even if he was acquitted and declared innocent? Absolutely not.
The stigma against accused is very real, and very devastating.
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UHow can you claim that it is literally false? I’ve been though these situations. No one tells us that you are correct.
The first thought in every sane persons head is – galti se ho gaya hoga. I’ve known him for so long he can’t do this. On the contrary they think you are a slut because you didn’t make an issue.
Just stop with the pitchfork for the people who are actually going though this. Not everyone is an exception , the country is incredibly unsafe. This culture is very evident in daily transport. But you still choose to believe that the people who are doing this are always inocent?
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CSo what I understand is :-
The woman didn’t get what she wanted after having consented sex.
So, she files the rape case.
Then she settled for marriage.
Am I missing something?
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CI don’t think women are the problem here, it’s law that’s the main problem. If men can file rape cases trust me all the breakups in the country would make India a real rape capital as every single unemployed guy would file a case without second thought.
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UI’m conflicted.
Does this belong to the old style regressive misogynistic view that rapists marry the victim.
OR.
The new style consenting couples who were physically intimate but broke up but woman wants to marry him and willing to blackmail with rape case
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LWhat is up with the comments, are we reading the same thing? He’s accused of taking money from her, assaulting her and circulating her video on social media. And no one seems to care if the girl was even asked about this arrangement?
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DThe judge already noted that *prima facie* the evidence of his innocence seems to be legit. That was the actual reasoning behind bail. Here’s the full order: [https://images.assettype.com/barandbench/2025-03-05/39kr8eeq/Naresh_Meena___Narsaram_Meena_v_State_of_UP.pdf](https://images.assettype.com/barandbench/2025-03-05/39kr8eeq/Naresh_Meena___Narsaram_Meena_v_State_of_UP.pdf)
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UApparently this Justice Krishan Pahal has a history of these kind of judgements. Uncle is obsessed with getting r@pists married to their victims
https://theprint.in/judiciary/man-who-impregnated-minor-allowed-bail-ordered-to-marry-her-post-release-what-allahabad-hc-said/2319581/?amp
https://www.barandbench.com/news/allahabad-high-court-bail-man-condition-he-marries-pocso-victimAnd there are many more, that you can find with just one search
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UI would argue India is THE rape capital. But yes the men here siding with the predator aren’t in touch with reality
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EThat’s how we are becoming cause men here justifying it are also part of the same country and society. A small slice of apple shows how rotten the entire apple is.
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UAfter the recent surge in false cases (idk statistically but they are definitely amplified over social media) the first though that comes in their mind is the possibility of the girl being a gold digger than the guy being guilty. This biasness keeps piling through all of those rage bait tweets and later gets dumped in genuine cases like this. That’s the reason why the “rotten men” will try justifying it. They really need to introspect and realize that most of the cases are infact true and the ones that get amplified over the internet are outliners.
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LIt is not a typical rape case where there was resistance. The girl gave consent on grounds of promise of marriage which itself was ridiculous from the girl’s part. And the guy allegedly did not fulfill the promise he was engulfed in a rape case that too after a period of four months the girl realised that she was tricked into consent. This is not one single judgement that where the rape accused was told to marry the victim, in Indian kanoon website you can see countless such cases where the accused ultimately agress to marry the victim. In the instant case, the victim too did not oppose the marriage means she wanted to marry the accused too.
And stop calling the rape accused as rapist in false promise cases. Even your brothers and fathers can be accused of rape in a broad daylight in a busy street and they can do absolutely nothing about it
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UThe triple test for bail is that the accused, if released on bail, has no possibility of
1.Flight risk
2. Tampering with evidence
3. Tampering with witness
The test is satisfied in this case and hence he was released on bail. The maximum this order can be challenged, if it can be, is on ground the order asks accused to marry the victim [on the ground that the condition of bail has no nexus with the object of imposing such condition.] The court was absolutely right to grant bail in such a case.
The guy is 26 years old. Is in jail since September 2024. Has no criminal antecedents and the prosecution has clearly not established a prima facie case. These type of cases are really common and it would be no surprise if it was indeed a fake case.
The investigation has been going on since atleast 5 months. If the girl or the prosecution had any evidence regarding actual involvement or even the circulation of video in social media, they would have opposed the bail by placing those evidences on record, which they didnt. It indicates that there’s infact more to this case than it looks.
The only mistake in this case is the judge not outlining the reason as to why he asked the accused to marry the victim within 3 months. But even that cannot be said as we dont know what conversation or submissions were made in the courtroom. Bail should absolutely have been granted in this case.
This sub is filled with non-lawyers or wannabe lawyers who dont have any actual knowledge on working of laws and are quick to give baseless advice and in addition to that the blatant misogyny in this sub. Just a bunch of teenagers maybe who think every law is against them.
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UDid the court even ask the girl for her consent wtf is this ? and why are judges so immune to scrutiny and legal actions ? They keep doing such random BS one directs a murderer to write an essay of 300 words while the other passes such BS judgement why no action on them ? This country is so doomed
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