The Allahabad High Court has granted bail to Mayank alias Ramsharan, a man convicted under the POCSO Act, after noting that he had married the prosecutrix and they were now living together as husband and wife with a child born from their union.
A bench of Justice Rajeev Misra, while allowing his bail plea, acknowledged the seriousness of the charges, stating that the offence was “not only illegal but also immoral”. However, the Court observed:
"In view of the above, the criminality, if any, committed by applicant/appellant stood washed off.”
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Mayank was convicted on December 23, 2024, by the Special POCSO Court, Firozabad, under Section 376 of IPC and Sections 5(j)(ii)/6 of the POCSO Act, and was sentenced to 20 years of rigorous imprisonment with a fine of ₹30,000.
The prosecution alleged that the offence took place when the prosecutrix was below 18 years of age. During the trial, however, Mayank married the prosecutrix in accordance with Hindu rites. They began living as husband and wife and had a son named Puneet.
The counsel for Mayank, Senior Advocate Kamal Krishna assisted by Advocate Ghan Shyam Das, argued that since the prosecutrix became the legally wedded wife of the appellant and a child was born from their marriage, the trial court's conviction was unsustainable.
The defence relied on key Supreme Court rulings including K. Dhandapani v. State, Mafat Lal v. State of Rajasthan, and Shriram Urav v. State of Chhattisgarh, where the Apex Court quashed POCSO convictions after observing the marriage between the accused and prosecutrix and their settled family life.
“Since the present appellant has also solemnized marriage with the prosecutrix, no exception can be carved out,” the counsel submitted.
On the other hand, the Additional Government Advocate (AGA) and the counsel for the first informant, Advocate Ram Badan Maurya, strongly opposed the bail plea. They stressed that the prosecutrix was a minor at the time of the offence and hence the offence could not be ignored merely due to subsequent marriage.
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Despite these objections, the Court noted that the prosecutrix had appeared as PW-1 and confirmed the marriage. The couple had also been living as a happy family and no distinguishing facts were presented to disregard the precedents set by the Apex Court.
“Though the act is both illegal and immoral, evidence shows the marriage was solemnized during trial and a child was born. Hence, in line with SC rulings, the criminality stands washed off,” the Court said.
The Court also observed that Mayank had clean antecedents and had already undergone more than six months of incarceration since his conviction.
Accordingly, the Court allowed the bail application and ordered:
“Let the applicant/appellant-Mayank @ Ramsharan be released on bail... on furnishing a personal bond and two sureties to the satisfaction of the Court concerned.”
As an interim relief, the Court also stayed the recovery of the fine imposed by the trial court until further orders.
Case title - Mayank Alias Ramsharan vs. State Of U.P. And 3 Others
