Allahabad High Court refuses bail to man accused of committing rape on woman after making woman promise of marriage, pressurizing her to convert to Islam

The High Court of Judicature at Allahabad in the case of Farhan Ahmad (Shanu) v/s State Of U.P Thru Secretary Home Lucknow refused to grant bail to man accused of committing rape on woman after making false promise of marriage, pressurizing her to convert to Islam.

The informant has been resident of Mohalla Chilmapur Nai Colony, Gorakhpur and in the month of January, 2021 through facebook she has come in the touch of present applicant Farhan Ahmad (Shanu) who demanded the number of the informant and thereafter the conversation between both was started.

Additionally it was alleged that the applicant stated himself he is working at the post of Tax Inspector in Nagar Nigam Gorakthpur and during conversation he has made proposal of marriage and after giving assurance he has developed physical relation, however she has conceived pregnancy, but after making pressure abortion was conducted and thereafter when the informant has stated to get marry then he was tolerating the matter and stated that until and unless she will not accept Islam Religion he will not marry to her and he started pressure to change her Religion.
Furthermore alleged that in the evening he came with one girl and in front of Heal Park after calling her he started abusing and use derogatory word and threatened to accept Muslim Religion otherwise neither he will marry to her nor he will accept to her and she will be murdered, because he is very influential person and thereafter after taking her mobile he has deleted entire whatsapp chat therefore the informant is afraid due to his behavior, because the parents of the informant died causally. It is further alleged that there is possibility that the present applicant will commit murder of her.

The counsel for the applicant contended that it is a matter of conscious relationship. Both the parties are major and there is not evidence of abortion, therefore, the charge sheet against the applicant is filed only under Section 376, 504, 506 IPC and Section 3/5 (1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2020. In the medical report, no external or internal injury was found on the body of the victim and the doctor has opined suspicion regarding the rape. In the High School Certificate, the date of birth of the prosecutix is 12.03.1996 by which, the prosecutrix is 25 years and she is major. In the statement recorded under Section 164 Cr.P.C., she admitted the love affair and relationship with the present applicant.

The single Judge bench of Justice Om Prakash Tripathi noted that there is serious allegation of rape against the applicant with the victim, in these circumstances, the applicant is not entitled to be released on bail.
The court while considering the complicity of accused and serious allegation of rape against the applicant, without commenting on the merits of the case, did not find it a fit case for bail. Therefore rejected the bail application of the applicant Farhan Ahmad (Shanu).

Click Here To Read Original Order / Judgement

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