Revised (Name of the victim and her husband removed) Prayagraj: The Allahabad high court on Friday granted bail to a person accused of abduction, rape and forceful conversion, while doubting the ‘conduct’ of the victim, a married woman, who has alleged that the bail applicant used to physically exploit her and was compelling her to change her religion.
“The bail applicant and the victim were in a relationship for the last four years when there was no UP’s anti-conversion law.
All of a sudden, after the coming of this Ordinance into existence, she got aware about her rights.
Her mental thinking exposed her conduct,” the court observed while pronouncing its judgment on June 11.
However, while passing the above order, the court made it clear that observations made while granting bail to the applicant should not in any way affect the trial judge in forming his independent opinion based on the testimony of the witnesses.
Granting bail to one Munna Khan of Mahoba district of UP, who is accused of abduction, rape and under Section 3, 5(1) of UP Prohibition of Unlawful Conversion of Religion Ordinance-2020, Justice Rahul Chaturvedi observed, “She (victim) was a willful and active participant in all actions faced by her during last four years.
Cumulative effect of all above factors clearly indicate that the victim was interested to remain in the company of the applicant, and even after her marriage she wanted to maintain the relationship with him.” The applicant’s counsel said that the present FIR was lodged by the woman against the applicant and his sister on March 4, 2021, under sections of IPC and UP’s anti-conversion Ordinance at Kotwali police station of Mahoba district, alleging that she and accused Munna Khan reside in the same mohalla of district Mahoba.
“It is further alleged in the FIR that the applicant had taken certain obscene photographs and videos of the victim and used them as a tool of blackmailing her to maintain physical relationship.
This relationship continued for the past four years without any objection, resistance or complaint to anyone,” the counsel said.
“Thereafter, on December 8, 2020, the victim got married with another man and went to Delhi.
It is stated by the victim in her statements recorded under sections 161 and 164 of CrPC that she came back from Delhi to Mahoba on February 18, 2021.
Thereafter, from February 18, 2021 to March 2, 2021 she remained in the company of the applicant at Orai along with her sister, where the applicant used to ravish her and started compelling her to change her religion,” the applicant’s counsel further said.
While directing the applicant to be released on bail, the court further observed, “From the ossification test it is clear that the victim is aged about 19 years.
She has not received any formal education.
She resides in the same locality where the applicant resides.
In such circumstances, it is unswallowable proposition that in a small city like Mahoba, she was not aware about the background of the applicant or about his religion for four good years.
Besides this, there is no recovery of any obscene still photograph or video, which is said to have been used for blackmailing, by the police during the course of investigation.”