"She is a major, went to hotel room on her own sweet-will:" Allahabad High Court grants bail to accused charged under UP Anti-Conversion Law

The Allahabad High Court recently granted bail to a person booked for rape and for offences under the Uttar Pradesh Prohibition of Unlawful Religion Conversion Act, observing that the complainant woman is a major and had accompanied the accused to a hotel room on her own sweet will (Sonu Rajpoot@Zubair v. State of UP). .A single-judge bench of Justice Samit Gopal was hearing a case in which the complainant had alleged that the accused established physical relationship with her against her wishes and committed rape on her. The Court granted bail to the accused noting that they were in relationship since long and the complainant used to spend time with him. "After hearing the counsel for the parties and perusing the record, it is apparent that the victim/first informant is a major girl. The applicant and the first informant/victim were in relationship since long and she used to spend time with the applicant and used to travel with him and went to a room of a hotel on her own sweet-will," the Court observed. .The accused Sonu Rajpoot (Zubair) was charged under Sections 376, 420 and 506 of the Indian Penal Code and Sections 3 and 5 of the Uttar Pradesh Prohibition of Unlawful Religion Conversion Act.He approached the High Court for bail under Section 439 of the Code of Criminal Procedure. .The counsel for the accused submitted that the alleged incident occurred on November 28 but the First Information Report (FIR) was registered only on December 29, a delay of more than a month which the counsel claimed was unexplained. It was further argued that the victim on her own free-will traveled with the applicant as evident from the FIR itself as both of them were in love and used to spend time together. Later, some dispute arose between the applicant and the complainant relating to the religion of the accused with the woman claiming that she did not know that the applicant was a Muslim. "When she saw his name written in the register of the hotel where she had gone with the applicant and physical relation was established between them as Zubair, S/o Chand then she came to know that he was a Muslim and then dispute arose between them," it was submitted by the counsel for the accused. .On the other hand, the Additional Government Advocate opposed the prayer for bail citing the gravity of the offence. .After considering the arguments of the parties and examining the material on record, the Court granted bail to the applicant. ."Looking at the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail," the Court ordered. .The anti-conversion laws recently enacted in various States including Uttar Pradesj have been a subject of great debate. A challenge to the same is pending before the Supreme Court. .[Read Order]