Allegation Of Forceful Conversion- After UP Ordinance Came Into Being She Suddenly Got Aware Of Her Rights: Allahabad HC Grants Bail To Man

Doubting the conduct of the Victim who alleged that the Bail applicant used to ravish her and started compelling her to change her religion, the Allahabad High Court on Friday granted bail to the accused. 

The Bench of Justice Rahul Chaturvedi observed that the bail applicant and the victim were in a relationship for the last four years when there was no ordinance [U.P. Prohibition of Unlawful Conversion of Religion Ordinance, 2020] and also there was no objection or resistance from the side of the victim to the relationship.

"All of a sudden, after coming this Ordinance into existence, she got aware about her rights. Her mental thinking exposes about her conduct," added the Court.

It may be noted that the Uttar Pradesh government had issued a gazette notification for enforcing the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 in March 2021 (till then the Ordinance was into force). UP Governor Anandiben Patel had given assent to the bill on March 4.

The matter in brief

The bail application is facing prosecution in connection with a Case u/s 363, 366, 376, 323, 506 I.P.C. and Section 3, 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Ordinance, 2020.

An F.I.R. was registered by the victim herself, with the allegation that the victim and the accused reside in the same Mohalla and for the last four years, they are in a physical relationship with each other. 

It was further alleged in the F.I.R. that the applicant had taken certain obscene still photographs and videos of the victim and used them as a tool of blackmail the victim to maintain a physical relationship with her.

Thereafter, the victim got married and went to Delhi but when she came back from Delhi to Mahoba and between 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.

Court's observations

Taking into account the ossification test, the Court deduced that the victim is aged about 19 years and that she resides in the same locality where the applicant resides and that there was no recovery of any obscene still photograph or video.

Further, the Court remarked:

"In such circumstances, it is unswallowable proposition that in a small city, like Mahoba, she was not aware about the background of applicant or about his religion that too for four good years."

Besides this, the Court also noted that she had clearly stated that she was in a relationship with the applicant for the last four years, and even after her marriage, she came to Mahoba from Delhi, and thereafter, went with him to Orai, where she was allegedly being pressurized for changing her religion.

"The questionnaire put to her, completely exposes her falsity. To date the victim has not been converted to other religion, and therefore, the presumption of Section-12 of the Ordinance, 2020 would not be made applicable," observed the Court.

Lastly, while granting the bail to the Applicant, the Court noted that the Victim was a willful and active participant in all actions faced by her during the last four years and therefore, the cumulative effect of all above factors clearly indicate that the victim was direly interested to remain in the company of applicant, and even after her marriage she wanted to maintain the relationship with him.

Case title - Munna Khan @ Asfaq Khan v. State of U.P.

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