Allahabad High Court: Ajit Singh, J., rejected the bail application observing that the incident involves the rape of a minor and family is threatened to convert their religion.
The present petition was filed seeking enlargement on bail during the trial as the petitioner was charged under sections 452/376/120-B IPC, and Sections 3/4, 17/18 POCSO Act and Section 3/5(1) U.P. Prohibition of Unlawful Conversion of Religion Act 2020 and 66 E Information Technology (Amendment) Act.
The factual matrix involves that the present accused had entered into the house of the complainant and forcibly raped the minor daughter of the complainant when she was alone at her house. It was also alleged in the F.I.R. that present accused has made a video clip of the victim and was pressurizing her for establishing physical relation again and when complainant asked the father of the present accused to get the video clip deleted, then the father of the present accused said when your entire family will convert the religion then my son will marry to your daughter else I will marry her.
The Court observed and held that “considering the seriousness of the matter and minor daughter was raped and entire family was asked to convert their religion, without expressing any opinion on the merits of this case, this court does not deems it fit to release the applicant on bail.”[Abdul Rahman v. State of U.P., Criminal Misc. Bail Application No. – 21091 of 2021, decided on 05-08-2021]
Arunima Bose, Editorial Assistant has reported this brief.
Counsel for Applicant: – Mr Qaisar Kamal Ansari
Counsel for Opposite Party: – Mr Kamal Kumar and Mr Om Singh Rathaur