The Allahabad High Court has granted bail to an accused under the newly enacted U.P. Prohibition of Unlawful Religion Conversion Act, observing that the Victim/Informant went to a hotel room on her own sweet will.
A bail application was filed under Section 439 of Code of Criminal Procedure by the applicant-Sonu Rajpoot @ Zubair, seeking enlargement on bail during trial in connection with offences, u/s 376, 420, 506 I.P.C. and 3/5 U.P. Prohibition of Unlawful Religion Conversion Act, registered at Police Station Nauchandi, District Meerut.
The Counsel for the applicant argued that the occurrence of the present case is said to have taken place on 28.11.2020 whereas the FIR has been registered on 29.12.2020 which is after a delay of more than a month and the same is unexplained.
It was further argued that the victim on her own free-will travelled with the applicant as is evident from the FIR itself as both of them had a love affair and used to spend time together but then she states that on the day of occurrence the applicant established physical relationship against her wishes.
The Counsel submitted that even thereafter the applicant remained silent for more than a month then lodged the FIR. The medical examination of the victim was conducted on 4.1.2021 and as such the doctor has opined that there are no signs of use of force.
He further argued that it appears that there was some dispute between the applicant and the girl relating to cast and as such their relationship could not materialize as the victim states that initially she did not know that the applicant was a Muslim but when she saw his name written in the register of the hotel where she had gone with the applicant and physical relation was established between them as Zubair, S/o Chand then she came to know that he was a Muslim and then dispute arose between them.
The victim is a major girl and working and as such was very well aware of worldly affairs. The first informant was a consenting party with the applicant and used to spend time with him out of her own volition, added counsel
A.G.A. opposed the prayer for bail and argued that the applicant is named in the FIR and there is allegation that he committed rape upon her in a room of a hotel. The prayer for bail be rejected.
Justice Samit Gopal of Allahabad High Court after hearing the counsel for the parties and perusing the record, observed that
“It is apparent that the victim/first informant is a major girl. The applicant and the first informant/victim were in a relationship for a long time and she used to spend time with the applicant and used to travel with him and went to a room of a hotel on her own sweet-will.”
Considering the above the Court granted bail to the accused.