The Allahabad high court recently comprising of a bench of Justice Samit Gopal granted bail to a man booked under the Uttar Pradesh Prohibition of Unlawful Religion Conversion Act, 2020 who has been accused of committing rape upon the victim in a room of a hotel. (Sonu Rajpoot @ Zubair v. State of UP)
The Court was hearing a case in which the complainant had alleged that the accused established physical relationship with her against her wishes and committed rape on her.
The Court allowed bail to the accused saying that they were in a relationship since long and the complainant used to spend time with him.
The Court observed, “After hearing the counsel for the parties and perusing the record, it is apparent that the victim/first informant is a major girl. The applicant and the first informant/victim were in relationship since long 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.”
Facts of the Case
This bail application had been filed by one Sonu Rajpoot @ Zubair in connection with offences under 376, 420, 506 I.P.C. and 3/5 U.P. Prohibition of Unlawful Religion Conversion Act.
Contention of the Parties
The counsel for the applicant argued that the applicant had been falsely implicated in the instant case and that although in the text of the FIR the victim, who is the first informant herself had not disclosed her age but she had stated that she is a working person and her year of birth had been mentioned as 1995 which goes to show that she is major.
It was further argued that the FIR had been registered after a delay of more than a month and the same was unexplained and that the victim, on her own free will travelled with the applicant as both of them had a love affair and used to spend time together.
On the other hand, the victim stated 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, and then she came to know that he was a Muslim and then a dispute arose between them.
The counsel has 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.
Courts Observation & Judgment
The Court after considering the arguments of the parties and examining the material on record granted bail to the applicant.
The Court ordered, “Looking at the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.”
The court remarked that the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The anti-conversion laws recently enacted in various States including Uttar Pradesh have been a subject of great debate. A challenge to the same is pending before the Supreme Court.
Read Judgment @Latestlaws.com
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