The Allahabad High Court last week 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
A single-judge bench of Justice Samit Gopal 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.
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.
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.
The counsel for the accused submitted that the alleged incident occurred on November 28 but the First Information Report (FIR) was registered only on December 29, a delay of more than a month which the counsel claimed was unexplained.
It was further argued that the victim on her own free-will traveled with the applicant as evident from the FIR itself as both of them were in love and used to spend time together.
Later, some dispute arose between the applicant and the complainant relating to the religion of the accused with the woman claiming that she did not know that the applicant was a Muslim.
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, the Court ordered that the applicant be enlarged on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court.