Allahabad High Court Grants Bail to Man Accused of Abducting and Raping Minor Girl from Another Religion; Victim Ready to Join His Company and Fulfill Marital Responsibilities.

The Allahabad High Court has approved bail for Javed Alam, who faced accusations of kidnapping a Hindu minor girl and having sexual relations with her, following a complaint from a Bajrang Dal member. Justice Sameer Jain, in a single-bench ruling, pointed out that the alleged victim, now over 18, indicated in her statements under Sections 161 and 164 of the CrPC that she married Alam willingly and chose to leave with him. The court noted that when the FIR was filed, the victim was over 17 years old, and her statements showed that she married Alam of her own accord. Additionally, during the investigation, she submitted an affidavit declaring Alam as her husband and confirmed her voluntary marriage. The victim’s lawyer also stated that she had no objections to Alam being granted bail and expressed her desire to be with him and fulfill her marital responsibilities. The court acknowledged that the victim is now an adult, over 18 years old.

Advocates Kumar Beenu Singh and Santosh Kumar represented Alam, while Advocate Abhilasha Singh appeared for the High Court Legal Services Authority, and AGA Suresh Bahadur Singh represented the State. In her affidavit, the victim referred to Alam as her husband and reaffirmed her choice to marry him. Her counsel supported the bail request, confirming her lack of objection to Alam’s release and her intention to carry out her marital duties.

In May 2023, a FIR was filed claiming that Alam kidnapped a minor girl, who was a high school student, and persuaded her to convert to Islam while forming a relationship with her. The charges against him include Sections 363, 366, 506, 323, and 376 of the IPC, as well as relevant parts of the POCSO Act and the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021. During the court hearing, Alam’s lawyer argued that the claims were based on communal prejudice, pointing out that the victim, now an adult, married him willingly. The High Court Legal Services Authority and the Additional Government Advocate opposed his bail, but the Court decided in favor of Alam, recognizing the victim’s testimony and consent. Alam has been in jail since May and is likely to reunite with his wife after his release.

The Court observed that Alam has no prior criminal record and has been incarcerated since May 13, 2023, which is nearly one and a half years. Therefore, the Court granted him bail, requiring a personal bond and two sureties of the same amount.

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