The Allahabad High Court has granted bail to a man, while noting that no unlawful act of converting the religion of a 19-year-old woman was committed by the accused.
A Single-Judge Bench of Justice Pradeep Kumar Srivastava passed this order on Thursday, while hearing a criminal appeal filed by Arif against the February 17, 2021 order of Special Judge, SC/ST Act, Saharanpur in a case registered under Sections 363, 366, 506 I.P.C. and Section 3/5 of U.P. Prohibition of Unlawful Conversion of Religion Ordinance 2020 and 3(2)(5) of SC/ST Act at Police Station Janakpuri, District Saharanpur, by which the bail plea of the appellant was rejected.
An FIR was registered against Arif on complaint of father of the victim Vishal, which said on January 4, 2021, the girl, aged about 17 years, had gone to Sewing Center and did not return till evening.
During search made by the family members, it came to their knowledge that the accused had enticed and kidnapped the woman.
The Counsel for the appellant submitted that there was evidence on record to show that the victim in the case was not minor and was aged about 19 years as per medical report. Further submission was that there was no allegation of POCSO Act.
It has been submitted that on the same day, the victim came back and her statement was recorded by the I.O. under Section 161 CrPC, in which she has stated that instead of going to the Sewing Centre at the relevant time she went with the accused, who wanted to get her converted but she did not want to convert herself.
The appellant had promised to marry her and she was influenced by this allurement and went with him. When she was coming back, she was caught by the police and the statement was recorded. Later on, her statement under Section 164 CrPC was also recorded by the Magistrate, in which she stated that the accused was a vegetable vendor and used to run his shop on thela.
At the relevant time, he met her on the way and asked for her mobile number and pressured her to talk with him and threatened that otherwise he would kill her. He also asked her to convert her religion and marry him. One day before the date of the incident, he rang her on mobile phone and proposed that he will take her for a trip and, therefore, she went with him instead of going to the Sewing Centre.
He took her to Dehradoon Chawk stayed in the house of his relatives where he and other persons were talking about converting her and they asked her to convert for marriage but she came back.
Counsel for the appellant submitted that there is no allegation of sexual abuse, nor there was any threat or influence for her conversion, except that the accused appellant was asking her to convert. Mere asking for conversion does not come within the purview of offence defined under Section 3 of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, added the Counsel.
He said it is clear from the above definition that no act has been done by the appellant towards the conversion of the victim and during the period she was with him, there is no allegation made by the victim that any kind of sexual abuse was committed on her. The Special Judge did not consider the material aspect of the case and rejected the bail application, noted the Counsel.
It was also submitted that reference has also been taken of the affidavit given by the informant and has been addressed to Additional District Judge, IInd, Saharanpur and in that affidavit there is stipulation that parties have entered into a settlement and the informant has no objection for the bail of the appellant.
Further submission is that appellant has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses.
Additional Government Advocate has vehemently opposed the prayer and submitted that the woman was taken away by the accused and he was asking her for conversion, so that they can marry.
He has also submitted that there is no case for sexual abuse of the victim.
“Considered the submissions of both the sides and taking into consideration the entire facts and circumstances of the case, the statement of the victim given to the I.O. and given to the Magistrate under Section 164 Cr.P.C., the affidavit filed by the informant, that no sexual abuse was committed on the victim, and no act was committed towards the conversion of the victim, the victim has been found to be aged about 19 years in the medical report, I find that the Special Judge has illegally rejected the bail application”, the Court observed.
The accused appellant is in jail from the last more than eight months, as such, I find apparent illegality in the impugned order and the same is liable to be set aside, the Court said. It ordered that the order dated February 17, 2021 passed by Special Judge, SC/ST Act, Saharanpur, is set aside.
“Let appellant-applicant Arif be released on bail in Bail Application, arising out of Case under Sections 363, 366, 506 I.P.C. and Section 3/5 of U.P. Prohibition of Unlawful Conversion of Religion Ordinance 2020 and 3(2)(5) of SC/ST Act, P.S. Janakpuri, District Saharanpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
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(i) The applicant-appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant-appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant-appellant will not indulge in any unlawful activities,” noted the order.