Allahabad, Sept 18 (ILNS) The Allahabad High Court on Tuesday granted bail to a man accused of establishing physical relations with the victim on the false promise of marriage after he said he’s willing to marry the victim if she converts.
A single-judge bench of Justice Alok Mathur passed this order while hearing a bail application filed by Javed Alam. The applicant prayed for bail in case under Sections 376, 504, 506 of IPC, police station Kotwali Bikapur, District Faizabad/Ayodhya.
Counsel for applicant submitted that the FIR was lodged by father of the prosecutrix stating that the applicant maintained physical relationship with the daughter of the complainant for the last one and half years on the false promise of marriage.
When the prosecutrix asked to marry her, he put a condition that she should convert her religion and only then he will marry her and consequently FIR was registered against the man under Section 376 IPC.
It is further submitted that initially the physical relations were established with the applicant on the promise of marriage and subsequently, the applicant put a condition that the girl should change her religion only thereafter he would marry her.
The Counsel for the applicant urged that even if the facts as narrated in the FIR are taken to be correct, no offence under Section 376 IPC is made out, as much as there was no fraud in obtaining the consent of the girl and the applicant is still ready and willing to marry her if she changes her religion.
The bail application was opposed by Additional Government Advocate but he could not dispute the aforesaid facts.
Considering the arguments of Counsel for the applicant it is clear that the couple had maintained physical relations consensually and the same were based on the promise of marriage extended by the applicant to the girl, the Court said.
The Court held that it is only when the applicant has asked the girl to change her religion that the FIR has been lodged stating that the consent of the prosecutrix was obtained by fraud. The actual matrix of the case it seems is, that the applicant is willing and ready to marry the girl only if she changes her religion.
“Even in the statement of the girl recorded during the investigation, shows no doubt that the applicant is in any way refusing to marry her but the only condition imposed by him is of change of religion. At this stage it cannot be said that the consent for establishing physical relations was made on the false promise of marriage and consequently the consent is hit by the provision of Section 90 of IPC and also considering the fact that the applicant and the prosecutrix both are major and had physical relations for last one and half year and in view of the peculiar facts and circumstances the present case, I am of the considered opinion that the consent was prima facie not obtained by fraud and consequently, the applicant is entitled to be released on bail,” the Court observed.
The Court granted bail to Javed Alam, involved in in case under Sections- 376, 504, 506 of IPC, police station Kotwali Bikapur, District Faizabad/Ayodhya and directed that he be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned./ILNS/AP/SNG