Allahabad High Court grants bail to a man charged under the UP Prohibition of Unlawful Conversion of Religion Act, stating that the victim married him of her own choice.
The Allahabad High Court granted bail to a man accused of kidnapping, raping, and converting the religion of a 17-year-old girl. The court noted that the girl had married the accused willingly and is now of legal age. The case involved charges under various sections of the IPC and the POCSO Act, as well as the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021. Justice Sameer Jain stated that the victim was over 17 at the time the FIR was filed and confirmed through her statements that she married the accused of her own free will.
Advocate Kumar Beenu Singh represented the accused, while G.A. Abhilasha Singh represented the other side. The FIR was filed by a member of Bajrang Dal, claiming the accused had kidnapped a Hindu minor girl who was crying. The FIR stated that the girl, born on June 30, 2006, was in Class 10 and that the accused had started a physical relationship with her after converting her religion. The accused argued that the victim was over 18 and had consented to the marriage. He explained that a dispute arose during their train journey, leading to intervention by Bajrang Dal members, who then reported him to the police. It was acknowledged that the victim was over 17 at the time of the FIR and is now an adult over 18.
The victim’s lawyer acknowledged that the victim willingly married the applicant and had no objections to him being granted bail. The Assistant Government Advocate and the lawyer for the High Court Legal Service Authority opposed the bail request but could not counter the facts presented by the applicant’s lawyer. After reviewing the case records, the Bench noted that the victim was over 17 years old when the FIR was filed. Her statements recorded under Sections 161 and 164 Cr.P.C. indicated that she married the applicant of her own free will. Additionally, during the investigation, the victim submitted an affidavit stating that the applicant is her husband and that she married him willingly. The Bench also recognized that the victim is now over 18 years old. It was observed that the applicant has no prior criminal record and has been in jail for nearly a year and a half. “Given the facts and circumstances of the case, I believe the applicant should be granted bail,” the Bench concluded, while also setting 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
