The court rejected a bail application filed by Gul Mohammad in a rape and religious conversion case, holding that the gravity of allegations and specific victim statements preclude bail, noting that the applicant is the first co-accused to be denied bail.
Bail application rejected; applicant denied bail.
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Neutral Citation No. - 2023:AHC:99208
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17134 of 2023
Applicant :- Gul Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Akhilendra Yadav,Saurabh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 574 of 2022, under Sections 366, 376 of IPC and 3, 5 (1) Prohibition of Unlawful Religious Conversion Act, Police Station Narkhi, District Firozabad, with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that applicant and victim were having love affair with each other and she joined the company of the applicant on her own accord. It is further submitted that victim was major at the time of incident. It is further submitted that there are material contradictions in the statements of the victim recorded under Sections 161 and 164 Cr.P.C. It is further submitted that coaccused Azhar Hasan has already been granted bail by the coordinate Bench of this Court vide order dated 15.03.2023 passed in Criminal Misc. Bail Application No. 8515 of 2023. It is further submitted that applicant is languishing in jail since 22.11.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail by contending that victim has made specific allegations of rape against the applicant in her statements recorded under Section 161 and 164 Cr.P.C. Applicant has also pressurized her to change her religion on the pretext of marriage.
Considering the rival submissions of learned counsel for the parties, nature of allegations, gravity of offence and the fact that victim has made specific allegations of rape against the applicant in her statements recorded under Section 161 and 164 Cr.P.C. as also applicant pressurized her to convert her religion on the pretext of marriage, I do not find it a fit case for bail. Hence, the bail application is hereby rejected.
Any observation made above shall not be treated as any finding on the merits of the case and shall not prejudice the trial in any manner.
Order Date :- 9.5.2023/AKT
Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving allegations of rape and religious conversion?
Whether the contradictions in victim's statements and bail of co-accused make the applicant a fit case for bail?
3 provisions across 3 enactments
Gul Mohammad
Mayank Kumar Jain
Ashok Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
