Victim Willing To Join His Company & Perform Matrimonial Duties: Allahabad HC Grants Bail To Man Accused Of Abducting And Raping Minor Girl Of Different Religion

The Allahabad High Court has granted bail to Javed Alam, who was accused of abducting a Hindu minor girl and engaging in physical relations with her, based on an FIR filed by a member of Bajrang Dal.

The Single-Bench of Justice Sameer Jain noted that the alleged victim, who is now over 18, stated in her Section 161 and 164 CrPC statements that she willingly married Alam and left with him by choice.

"..it reflects that at the time of the lodgement of the FIR victim was more than 17 years of age, and from her both the statements recorded under Sections 161 and 164 Cr.P.C., it reflects that she according to her own wish had performed marriage with the applicant, and from the record it also reflects that during investigation victim herself field an affidavit that applicant is her husband, and she herself, according to her own wish had performed marriage with her. Further, even as per learned counsel appearing on behalf the victim she is not having any objection if applicant be enlarged on bail and it reflects that the victim is willing to join the company of the applicant and to perform her matrimonial duties. Further, admittedly, at present, the victim is major, aged more than 18 years," the Court noted. 

Advocates Kumar Beenu Singh and Santosh Kumar appeared for Applicant, Advocate Abhilasha Singh appeared for High Court Legal Services Authority, and AGA Suresh Bahadur Singh for the State.

In an affidavit filed during the investigation, the victim also referred to the applicant as her husband and reiterated her voluntary decision to marry him. The victim’s counsel supported the bail application, stating that she had no objection to Alam’s release and expressed her willingness to “perform her matrimonial duties.”

The FIR, lodged in May 2023, alleged that Alam abducted the minor girl, a high school student, and induced her to convert to Islam, establishing a relationship with her. The charges include Sections 363, 366, 506, 323, and 376 of the IPC, alongside relevant provisions of the POCSO Act and the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021.

During the hearing, Alam's counsel argued that the accusations were motivated by communal biases, emphasizing that the victim, now of legal age, married him voluntarily. The High Court Legal Services Authority and the Additional Government Advocate opposed bail, but the Court ultimately ruled in Alam’s favour, acknowledging the victim’s testimony and consent. Alam has been in custody since May and is expected to rejoin his wife upon release.

The Court noted that the applicant does not have any previous criminal history and in the present matter, he has been in jail since May 13, 2023, i.e. for last almost one and a half year. Accordingly, the Court released Alam on bail, on furnishing a personal bond and two sureties each in the like amount.

Cause Title: Javed Alam v. State Of U.P. And 3 Others [Neutral Citation No. 2024:AHC:173496]

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