Allahabad HC Grants Bail To Man In FIR By Bajrang Dal Member For Alleged Abduction Of Minor Girl Of Different Religion

A bench of Justice Sameer Jain noted that in her Section 161 and 164 CrPC statements, the victim girl stated that she was more than 17 years of age when the FIR was lodged and that she performed marriage with the accused and willingly accompanied him.

In fact, in the affidavit filed by the alleged victim during the investigation, she stated that the applicant-accused is her husband and she herself, according to her wish, had performed marriage with him.

Further, the single judge also considered the submission of counsel appearing on behalf of the alleged victim, who is currently more than 18 years old, that she does not have any objection if the applicant is released on bail.

“…it reflects that victim is willing to join the company of the applicant and to perform her matrimonial duties,” the Court noted as it granted bail to the accused, who was handed over to the police by the Bajrang dal member in May 2023 and has been in custody since then.

As stated above, the FIR of the present case was lodged by a member of Bajrang Dal under Sections 363, 366, 506, 323, 376 IPC & 3/4 POCSO Act & 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021.

The FIR alleged that the applicant abducted a Hindu minor girl, a 10th-class student, on a train, where she was found crying. It further stated that around eight months prior, the accused had enticed the girl, changed her religion, and began establishing a physical relationship with her.

Seeking bail in the case, the counsel for the applicant submitted before the single judge that he had been booked falsely in the present matter only due to the reason that he belongs to the Muslim community while the girl belongs to the Hindu community.

It was submitted that the victim, who was over 18 years old, married the applicant with her consent, and since, during a train journey, a dispute arose between them, the Bajrang Dal members lodged the FIR and handed the applicant over to the police.

The counsel for the alleged victim girl also submitted that she wanted the applicant to be released on bail so that after release, he could perform his marital duties.

On the other hand, the AGA and the counsel appearing on behalf of the High Court Legal Service Authority opposed the prayer for bail, but they could not dispute the argument on facts advanced by counsel for the applicant.

Considering these submissions and the facts and circumstances of the case, the Court found that the applicant was entitled to be released on bail.

Appearances

Advocate Kumar Beenu Singh appeared for the accused-applicant

Advocate Sanjeev Kumar Sharma appeared for the alleged victim

Advocate Abhilasha Singh appeared on behalf of High Court Legal Services Authority and

AGA Suresh Bahadur Singh appeared for State

Case title - Javed Alam vs. State Of U.P. And 3 Others