Allahabad HC refuses bail to accused in rape, religious conversion case
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Prayagraj (Uttar Pradesh), Jan 10: The Allahabad High Court has refused bail to a man, accused of raping a woman after giving her false promise of marriage and then forcing her to convert. Rejecting the bail application of one Farhan Ahmad a.k.a. Sanu of Gorakhpur, Justice Om Prakash Tripathi said that the allegation against the accused was serious and he, cannot, therefore, be released on bail.
The applicant was in jail for offences under Sections 376 (Punishment for rape), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Punishment for criminal intimidation) of the Indian Penal Code 1860 and Sections 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2020.
The FIR was lodged against him at the Ramgarh Tal police station of Gorakhpur.
The victim had alleged that the applicant-accused had established physical relations with her on a false promise of marriage. "He later pressurised me to convert to Islam threatening that he will not marry her unless I convert," she alleged in the FIR.
However, during the course of hearing, the counsel for the applicant argued that the applicant had been falsely implicated and this was a case of consensual relationship since both the applicant and the victim were adults. He further contended that as per medical report, no external or internal injury was found on the body of the victim, and the doctor had not given any opinion about rape.
Besides, the applicant also stated that he had never forced the victim at any point of time to convert to Islam and the entire prosecution story was false and fake.
The government counsel, however, submitted that sexual intercourse with the victim on the pretext of false promise of marriage would attract the offence of rape.
The high court, after taking into account the facts and circumstances, refused to grant bail to the applicant-accused.
The applicant was in jail for offences under Sections 376 (Punishment for rape), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Punishment for criminal intimidation) of the Indian Penal Code 1860 and Sections 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2020.
The FIR was lodged against him at the Ramgarh Tal police station of Gorakhpur.
The victim had alleged that the applicant-accused had established physical relations with her on a false promise of marriage. "He later pressurised me to convert to Islam threatening that he will not marry her unless I convert," she alleged in the FIR.
However, during the course of hearing, the counsel for the applicant argued that the applicant had been falsely implicated and this was a case of consensual relationship since both the applicant and the victim were adults. He further contended that as per medical report, no external or internal injury was found on the body of the victim, and the doctor had not given any opinion about rape.
Besides, the applicant also stated that he had never forced the victim at any point of time to convert to Islam and the entire prosecution story was false and fake.
The government counsel, however, submitted that sexual intercourse with the victim on the pretext of false promise of marriage would attract the offence of rape.
The high court, after taking into account the facts and circumstances, refused to grant bail to the applicant-accused.
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