HP HC: No prima facie case of rape on marriage promise, astrologer gets bail
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Shimla, Sept 12
Himachal Pradesh High Court has granted regular bail to an astrologer accused of sexually assaulting a 31-year-old woman on the alleged pretext of marriage, holding that the material on record did not prima facie make out an offence under Section 69 of the Bharatiya Nyaya Sanhita (BNS).
Justice Sandeep Sharma passed the order on September 3 on a bail petition filed by Vinod Kumar, who had been in custody since August 17 in connection with an FIR registered on June 22 at the Women Police Station, Bilaspur. He has been booked under Sections 64 and 69 of the BNS and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
According to the complaint, the woman, who was married in 2017 and was living separately following matrimonial discord, came in contact with Kumar, an astrologer, in 2022. She alleged that he persuaded her to seek divorce, claiming that her horoscope indicated she would not have a good family life. She further alleged that Kumar promised to marry her after she obtained a divorce and established physical relations with her on that assurance.
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The complainant also alleged that after she learnt about Kumar’s alleged relations with other women and objected to them, he assaulted her. The FIR was subsequently registered on June 22 this year.
The High Court, however, noted that the woman had been meeting and living with the petitioner since 2022 and had not lodged any complaint during this period. It observed that both the petitioner and the woman were married and that the alleged promise of marriage was conditional upon them obtaining divorces from their respective spouses. The court said that, prima facie, no case under Section 69 BNS was made out.
The State opposed bail, citing the gravity of the allegations and claiming that 23 criminal cases had earlier been registered against Kumar. It also raised apprehensions that he could threaten the complainant. The court noted, however, that according to records placed before it, Kumar had been acquitted in 21 of those cases, most of which were under the Excise Act.
The court stressed that an accused is presumed innocent until guilt is established and that prolonged incarceration during trial cannot be justified merely on the basis of the seriousness of allegations. It granted bail on a personal bond of Rs 2 lakh with two local sureties, subject to conditions including regular appearance, non-tampering with evidence and no threat or inducement to witnesses.
The court clarified that its observations were confined to the bail proceedings and would not affect the merits of the case at trial.
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