THE Allahabad High Court Wednesday granted bail to a woman accused of abducting a 19-year-old girl and forcibly causing her religious conversion.
Accused Chandbibi had been in jail since December 12, 2020, facing charges under Sections 364, 366, 368,120-B IPC and Section 3/5 Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020, Police Station Tambaur, District Sitapur.
Granting bail to her, Justice Faiz Alam Khan said it was evident that Chandbibi was not named in the FIR nor was the victim recovered from the custody of the accused.
Justice Khan added that the victim on her own had appeared before the police station Tambaur along with her father and her statement under Section 161 of CrPC (statement before police) was recorded wherein no imputation of any kind was alleged against the accused.
Referring to the statement of the victim before the magistrate, the high court said there too there had been no imputation of any kind against the accused.
It was in the additional statement of the victim girl before the police, the court noted, that the allegation of being instrumental in the forcible conversion of the victim was levelled.
The government advocate opposed the bail application and argued that the offence was heinous given the additional statement of the victim in which it was recorded under Section 161 of the Cr.P.C. that she had been converted to another religion without her consent.
However, the government advocate, the court said, could not dispute the facts that the victim was major at the time of occurrence and also that no complicity of the applicant was evident in the earlier statements of the prosecutrix recorded under Sections 161 and 164 of Cr.P.C.
“Having regard to the overall facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail”, said Justice Khan.
The accused was thus ordered to be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to the following conditions:-
- She would not leave the local limits of the police station, wherein she is permanently residing, without prior permission of the police station concerned.
- She shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
- She shall cooperate in the trial sincerely without seeking any adjournment.
- She shall not indulge in any criminal activity or commission of any crime after being released on bail.
Read the Order
http://theleaflet.in/wp-content/uploads/2021/03/BAILL_2426_2021.pdf
