The Allahabad high court has denied bail to a man accused of rapping a woman after promising to marry her and then pushing her to convert her religion as a condition of the marriage. The accusation against the accused is serious, according to single-judge Justice Om Prakash Tripathi, and he cannot be released on bond.
“There is a 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 said.
Farhan Ahmad (Shanu) was arrested and charged with rape, 504 (Intentional insult with intent to provoke breach of the peace), and 506 (Punishment for criminal intimidation) under the Indian Penal Code 1860, as well as Sections 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2020. The victim (informant) claimed that the applicant accused had raped her by establishing physical relations with her under the guise of a bogus marriage promise.
He eventually pushed her to convert to Islam, claiming that if she didn’t, he wouldn’t marry her.
The victim filed a first information report (FIR) against the applicant as a result of the threat to her life. Because both the applicant and the victim were adults, the applicant claimed that he was wrongfully accused and that this was a case of a consensual relationship. He also claimed that no external or internal injuries were found on the victim’s body, according to the medical report, and that the doctor had not formed an opinion on rape.
Furthermore, the applicant maintained that he had never pressured the victim to convert to Islam at any point in time, and that the entire prosecution scenario was untrue and fabricated.
The State’s attorney, on the other hand, argued that sexual intercourse with the victim under the guise of a false promise of marriage would constitute rape. “It is a horrific crime against society that has a long-term impact on victims’ minds. The victim is subjected to severe emotional distress as well as physical pain. Sexual intercourse with the victim under the guise of a false promise to marry is, and should be, a rape offence under the criminal laws that have an effect on the victim’s mind “The State’s attorney said.
After considering the facts and circumstances, the High Court denied bail to the applicant-accused. “Considering the facts and circumstances of the case, rival contention of learned counsel for the parties and perusal of record and considering the complicity of accused and serious allegation of rape against the applicant, at this stage, without commenting on the merits of the case, I do not find it a fit case for bail,” the order stated.
The Court, on the other hand, instructed the trial court to complete the case’s trial as quickly as possible, preferably within a year. The applicant was represented by lawyers Amit Kumar Singh and Satyendra Narayan Singh.