Victim Performed Marriage With Him According To Her Own Wish: Allahabad HC Grants Bail To Man Booked Under UP Prohibition Of Unlawful Conversion Of Religion Act
|The Allahabad High Court allowed the bail plea of a man accused of kidnapping, raping and converting religion of a 17-yr-old girl after noting that the victim’s marriage was solemnized with the accused with her consent and the victim had attained the age of majority at present.
The High Court was considering a Bail Application seeking release of the applicant on bail in a criminal case registered under Sections 363, 366, 506, 323, 376 IPC & 3/4 POCSO Act & 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021.
The Single-Judge Bench of Justice Sameer Jain said, “...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.”
Advocate Kumar Beenu Singh represented the Appellant while G.A Abhilasha Singh represented the Respondent.
The FIR had been lodged at the instance of a member of Bajrang Dal. According to the FIR, the applicant was abducting a Hindu minor girl and the girl was crying. It was further mentioned therein that the girl was the student of Class 10th and her date of birth is June 30,2006. It was further mentioned in the FIR that the applicant started a physical relationship with the girl after enticing her away and changing her religion.
It was the applicant’s case that the victim was more than 18 years of age and her marriage was solemnized with the applicant with her consent. It was submitted that during the journey in train some dispute arose between husband and wife and in the meantime, members of the Bajrang Dal interfered and handed over the applicant to the police and lodged the FIR. It was further submitted that at the time of lodgement of the FIR, admittedly, the victim was more than 17 years of age and at present, she is a major girl aged more than 18 years.
Counsel for the victim also conceded that victim , according to her own will, had performed marriage with the applicant and she was having no objection if the applicant was enlarged on bail
The AGA as well as counsel appearing on behalf of High Court Legal Service Authority opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.
On a perusal of the records of the case, the Bench observed that the 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 reflected that she according to her own wish had performed marriage with the applicant. Moreover, during investigation the victim herself filed an affidavit that the applicant is her husband and she herself, according to her own wish had performed marriage with her. The Bench also took note of the fact that at present, the victim is a major aged more than 18 years. It was also noted that the applicant does not have any previous criminal history and in the present matter, he has been in jail for almost one and a half years.
“Therefore, considering the facts and circumstances of the case discussed above, in my view, the applicant is entitled to be released on bail”, the Bench held while also imposing certain conditions.
Cause Title: Javed Alam v. State Of U.P. And 3 Others [Neutral Citation: 2024:AHC:173496]
Appearance:
Applicant: Advocates Kumar Beenu Singh,Santosh Kumar
Opposite Party: Abhilasha Singh,G.A.,Sanjeev Kumar Sharma