"No Act Committed To Convert Victim's Religion": Allahabad High Court Grants Bail To Man In Jail For 8 Months Under UP 'Love Jihad' Law

The Bench of Justice Pradeep Kumar Srivastava was hearing the criminal appeal of one Arif challenging the bail rejection order passed against him by the Special Judge, SC/ST Act, Saharanpur.

The case in brief

The FIR against the Accused was registered under Sections 363, 366, 506 I.P.C. and Section 3/5 of U.P. Prohibition of Unlawful Conversion of Religion Ordinance 2020 and 3(2)(5) of SC/ST Act.

As per the FIR, the informant alleged that his daughter aged about 17 years had gone to Sewing Center and she did not return till the evening and it later came to his knowledge that the appellant-accused had enticed away and had kidnapped her.

Submissions made before the Court

The Counsel for the accused/appellant argued that the victim isn't a minor and was aged about 19 years as per the medical report and that there was no allegation of POCSO Act.

It was submitted that in her statement recorder under Section 164 Cr.P.C., she had stated that one day before the date of the incident, he rang her on mobile phone and proposed that he would take her for the trip and, therefore, she went with him instead of going to Sewing Centre.

It was also stated by her that he took her to Dehradoon Chawk stayed in the house of his relatives where he and other persons were talking about converting her and they asked her to convert for marriage but she came back.

It was further submission is that there is no allegation of sexual abuse not there was any threat or influence for her conversion except that the accused-appellant was asking her to convert.

Lastly, it was argued that mere asking for conversion does not come within the purview of offence defines under Section 3 of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 and that no act had been done by the appellant towards the conversion of the victim.

Court's observations

Having considered the arguments of both the side, the entire facts and circumstances of the case, the Court noted that no act was committed towards the conversion of the victim.

Further, observing that the Special Judge had illegally rejected the bail application and that the accused-appellant was in jail from the last more than eight months, the Court set aside the bail rejection order passed by the lower court and granted him, Bail.

Case title - Arif v. State Of U.P.And Another

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