POCSO accused gets bail to take care of child born out of wedlock

The Allahabad High Court's Lucknow bench has granted bail to a man, who is the father of a child born out of wedlock.

The man was booked under IPC and POCSO Act offences because the mother of the child is a minor girl.

His bail is on the condition that he would take care of the baby and the mother, who is now his wife.

The plea on behalf of the applicant said that he loved the girl, who was from his village and the same community.

He had eloped with her due to fear of the girl's family members. Later, they married in a temple and they welcomed the child on December 31, 2018.

However, the marriage was not legally valid as the girl was a minor.

After the girl's father lodged an FIR in Lakhimpur Kheri against the man for kidnapping and raping his daughter, the police arrested him on October 1, 2019.

In the course of hearing, the court expressed concerns on the fate of the child.

"The matter shatters the consciousness of one and all. What is the fault of the newborn baby who has come into the world under such circumstances?" said the bench.

Allowing bail plea of the man, the bench fixed the condition that he would look after his wife and the child and also deposit within six months from his release, a fixed amount of Rs 2 lakhs in the name of the new-born child till her attaining the age of majority.

The bench further said: "The marriage may not be described as per the law of the land, but the court has to apply a pragmatic approach."