The Allahabad High Court has granted bail application moved by a lady charged with abduction of a 19-year-old girl and forcing her to convert her religion.
“It has been overwhelmingly submitted by learned counsel for the applicant that subsequent/ additional statement of the prosecutrix before the Investigating Officer could not be believed in the light of her earlier statement recorded before the Magistrate under Section 164 of the Cr.P.C. wherein no imputation/ allegation of any kind was levelled against the applicant. The applicant is a lady, she is in jail in this matter since 12.12.2020. Charge sheet in the matter has already been filed. The presence of the applicant before trial court could be secured by placing adequate conditions/ restrictions.”
The above observation has been made by the Single Bench of Justice Mohd. Faiz Alam Khan while allowing the bail application moved by one Chandbibi who is accused of abducting a girl and forcing her to convert her religion.
The present bail application has been preferred by the accused/applicant Chandbibi with the prayer to grant of bail to her in connection to case registered against her under Sections 364, 366, 368,120-B IPC and Section 3/5 Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020, in Police Station Tambaur, District Sitapur, during trial of case.
The counsel on behalf of the applicant has submitted before the court that the accused- applicant has falsely been implicated in the instant case and she has not committed any offence as claimed by the prosecution.
It has further submitted that the applicant was not named in the FIR and the victim was also not recovered from the custody of the applicant. The counsel has pointed out before the court that it is shown that soon after the abduction the victim had appeared before the Police Station concerned along with her father and thereafter her statement under Section 161 Cr.P.C. was recorded by the Investigating Officer, wherein also no allegation of any kind has been levelled against the applicant.
The counsel on behalf of the respondent has opposed the prayer for bail of the applicant on the ground that in the additional statement of the prosecutrix it has been specifically state that amongst other persons who were instrumental in pressurizing the victim for changing her religion the instant applicant was one of them and therefore she could not escape criminal liability.
The Court while allowing the bail application stated that,
“Having regard to the overall facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed."
Case details
Case :- BAIL No. - 2426 of 2021
Applicant: - Chandbibi
Opposite Party :- State of U.P.
Counsel for Applicant :- Abrar Ahmad
Counsel for Opposite Party :- G.A.
Quorum: Justice Mohd. Faiz Alam Khan
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