Allahabad HC grants bail to man arrested under unlawful conversion law
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The Allahabad High Court has put aside the order of a decrease court docket in Uttar Pradesh’s Gautam Buddha Nagar district and granted bail to a Muslim man arrested under the brand new unlawful conversion law within the State.
The HC mentioned the decrease court docket had “erred” in rejecting the bail utility of the accused man, Fehzan Malik.
On April 4, a particular court docket under the Scheduled Castes and Tribes (Prevention of Atrocities) Act, Gautam Buddha Nagar, rejected his bail plea in a case of alleged rape and unlawful conversion of a Dalit girl, aged 20.
Mr. Malik was booked under Sections 376 (rape) and 506 (prison intimidation), related sections of the SC/ST Act and Section 3/ (5)1 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 at Kasna. He has been in jail since March 20.
The counsel for the accused man submitted in court docket that from a naked perusal of the FIR, it was obvious that bodily relations had been developed by him with the consent of the sufferer. In her assertion under Section 161 CrPC, the sufferer had mentioned that the man had a bodily relationship along with her on false assurances of marriage.
Setting apart the decrease court docket order, Justice Vipin Chandra Dixit allowed the prison attraction filed by Mr. Malik.
“Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, I find that the court below has erred in rejecting the bail application,” the court docket mentioned in an order dated June 25.
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