Friday, October 29, 2021

Having consensual sex with a girl who is a major, is not an offence under law but it is unethical, immoral and against established Indian norms-Allahabad High Court

Read Order

After examining the material placed on record and the contents of the FIR, the Court denied bail to the applicant, stating that it cannot be said with certainty that the applicant had got no association or connection with remaining co-accused persons.

"The conduct of the applicant is highly deplorable and unbecoming of a boyfriend who could not save his girlfriend from these offenders. The chivalrous boyfriend as per the statement of the victim has taken her to the police station to lodge FIR and by doing this he is alleged to have performed his duty qua his girlfriend," the Court noted.

"Looking to the nature of the offence, its gravity and the evidence in support of it and the overall circumstances of this case, I am not inclined to exercise my discretionary power u/s 439 Cr.P.C. in favour of the applicant, therefore, the prayer for bail of the applicant is REJECTED."

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