The Allahabad High Court has granted bail to one Javed Alam, who is accused of abducting a minor Hindu girl and having physical relations with her.
A Single Bench of Justice Sameer Jain passed this order while hearing a Criminal Misc Bail Application filed by Javed Alam.
The bail application has been filed seeking release of the applicant on bail in Case under Sections 363, 366, 506, 323, 376 IPC & 3/4 POCSO Act & 3/5(1) of UP Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station GRP, District Kanpur Nagar, during pendency of the trial.
In this Case, the FIR of the case was lodged by a member of Bajrang Dal and according to the FIR, the applicant was abducting a Hindu minor girl and the girl was crying.
It is further mentioned in the FIR that the girl was a student of Class 10th and her date of birth is 30.06.2006.
It is further mentioned in the FIR that the applicant after enticing the girl away about 8 months before after changing her religion started making physical relationship with her.
Counsel for the applicant submitted that on the basis of false allegation applicant has been made accused in the matter only due to this reason that he belongs to Muslim community while the victim i.e girl belongs to Hindu community.
He further submitted that the victim was more than 18 years of age and her marriage was solemnized with the applicant with her consent and during 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.
He also submitted that even from the statements of the victim recorded under Sections 161 and 164 CrPC, it reflects that the victim had already performed marriage with the applicant.
He next submitted that during investigation the victim herself gave an affidavit that she is a major girl and according to her own, she had performed marriage with the applicant and applicant is her husband and affidavit which is the part of the case diary.
He said 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.
He further said that as the victim herself wanted to join the company of her husband i.e applicant, therefore, there is no occasion to detain the applicant in jail any further.
He also said that the applicant does not have any previous criminal history and in the matter, the applicant has been in jail since 13.05.2023 i.e last almost one and a half years.
Per contra, AGA as well as learned counsel appearing on behalf of High Court Legal Service Authority however opposed the prayer for bail but could not dispute the argument on facts advanced by counsel for the applicant.
Counsel appearing on behalf of the victim also conceded that the victim according to her own will had performed marriage with the applicant and she is having no objection if applicant be enlarged on bail.
Counsel appearing on behalf of the victim further submitted that the victim wants that applicant should be released on bail so after release, he can perform his matrimonial duties.
The Court observed that,
It is a case in which member of the Bajrang Dal lodged FIR and members of the Bajrang Dal also after apprehending the applicant handed over him to the police and as per the allegation applicant forcibly was trying to abduct the victim and made physical relations with her in spite of the fact that victim was minor but from the record 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 CrPC, 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 counsel appearing on behalf of the victim she is not having any objection if the applicant is 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 majorly aged more than 18 years.
“Further, the applicant does not have any previous criminal history and in the matter, the applicant has been in jail since 13.05.2023 i.e 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 Court further observed while allowing the bail application.
The Court ordered that,
Let the applicant – Javed Alam be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
In case of breach of any of the above conditions, the prosecution will be at liberty to move an application before the Court for cancellation of the bail of the applicant.