Allahabad HC grants bail to man accused under U.P. conversion law

Woman is a major and was in a relationship with him, says defence

Published - June 01, 2021 04:49 am IST - LUCKNOW

The Allahabad High Court has granted bail to a man booked under the new unlawful conversion statute in Uttar Pradesh, noting that the victim, an adult, had gone with him to a hotel room, where he allegedly raped her, “on her own sweet-will”.

The court noted that the girl and the accused “were in a relationship since long and she used to spend time with the applicant and used to travel with him”.

Sonu Rajpoot alias Zubair had last December been booked for rape, cheating and criminal intimidation and also slapped with Sections 3/5 of the Uttar Pradesh Prohibition of Unlawful Religion Conversion Act by Nauchandi police in Meerut district.

His lawyer citing the FIR had argued that the girl had travelled with him on her free will as they were in a relationship and used to spend time together.

The girl had alleged that the boy established a physical relationship with her “against her wishes”, which amounts to rape. She also alleged that she did not know the religious identity of the accused till she saw his real name in the register of the hotel where she had stayed with him and established a physical relationship.

Rajpoot’s lawyer argued that there was some dispute between the boy and the girl relating to their community and as such their relationship could not materialize.

He also argued that while the alleged rape was reported to have happened on November 28, 2020, the girl lodged the FIR a month later on December 29. A medical examination of the girl done on January 4, 2020 showed no signs of use of force, he said.

While granting bail to the accused, Justice Samit Gopal on May 27, noted: “Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.”

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