"Court Below Erred In Rejecting The Bail Application": Allahabad High Court Grants Bail To Man Booked Under UP 'Love Jihad Law'

The Bench of Justice Vipin Chandra Dixit thus set aside the order of a lower court in Uttar Pradesh's Gautam Buddha Nagar district noting that it erred in rejecting the bail application of the Muslim man who has been in Jail since March 2021.

The Court was hearing the criminal appeal filed u/s 14(A)(2) of S.C./S.T. Act against the impugned order of rejection of bail dated April 14, 2021 passed by Special Judge,(S.C./S.T.) Act, Gautam Buddh Nagar.

The bail applicant was booked under Sections 376 (rape) and 506 (criminal intimidation), relevant sections of the SC/ST Act, and Section 3/ (5)1 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020.

His counsel submitted that the appellant had been falsely implicated in the case and that from the bare perusal of FIR, it was apparent that physical relations were developed with the consent of the victim.

It was submitted that the statement of the victim was recorded under section 161 Cr.P.C. in which she had stated that physical relations were developed between the appellant and the victim on false assurance of marriage by the appellant.

Lastly, it was contended that there was no possibility of him fleeing away from the judicial process or tampering with the prosecution evidence.

Lastly, the Court set aside the impugned order dated April 14, 2021 passed by Special Judge, (S.C./S.T.) Act, Gautam Buddh Nagar and the appeal stood allowed.

The Allahabad High Court on Wednesday asked the Petitioners challenging the constitutional validity of Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance to withdraw their petitions as infructuous, as the Ordinance has been replaced with an Act.

A Bench of Chief Justice Sanjay Yadav and Justice Siddhartha Varma refused to allow amendment applications and asked the Petitioners to file afresh.

"How can you amend the entire petition? We can only allow you to amend the prayer clause. Otherwise withdraw or we are dismissing this," CJ Yadav had said at the outset.

Case title - Fehzan Malik @ Sonu v. State of U.P. and Another

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