The Bombay High Court recently granted bail to a man accused in a rape case subject to the condition that he marries the survivor, who is currently untraceable, if she is located within a year.

The accused assured the same to the Court through an affidavit that he was willing to solemnize marriage and accept paternity of the child.
However, the public prosecutor informed the Court that the girl was untraceable and the child, who had been admitted to child care centre, had already been given for adoption.

After noting that the victim was a major at the time when the crime was reported and the sexual relationship was consensual, judge Justice Bharati Dangre deemed it fit to release the applicant on bail on a condition that if within a year the victim is found, the accused will marry her.
The judge, however, clarified that the man would not be bound by his statement after completion of one year.

“In such circumstances when the incident was reported, the victim girl was major and she has already stated that the relationship was consensual and though a specific statement was made on behalf of the applicant and his family that they are ready to solemnize the marriage, the victim is not traceable, in above circumstances, I deem it appropriate to release the applicant on bail subject to compliance that if the victim girl is traced within a short while and say in a period of one year, he shall solemnize marriage with her, but he shall not be bound by the statement beyond one year,” the order said.

The accused and the victim met in 2018 and got into a relationship. They decided to get married and members of both families also agreed. In october 2019, she found out that she was 6 months pregnant.
When the girl informed the man about the same, he allegedly avoided to establish contact and refused to marry her. She then filed a complaint accusing the man of rape and cheating.

With the applicant was not responding, the victim delivered a child away from home and dropped off the child in some other person’s premises. Someone from there then admitted the child in care centre.

After that, a case was registered against the girl for abandoning the child, which could be the possible reason she was fleeing, the Court said.

The Court directed that accused be released on bail upon furnishing bail bond of ₹25,000.

Case Title: Chetan Chandrakant Tambatkar v. State of Maharashtra & Anr.