JUDGMENT

Saurabh Shyam Shamshery, J.

Applicant-Chand Babu alias Vishal has approached this Court by way of filing present bail application seeking enlargement on bail in Case Crime No. 353 of 2022, under Sections 3 76(2)(n), 420, 506 IPC and 3/5 U.P. Prevention of Unlawful Conversion of Religion Act, Police Station Kotwali, District Bareilly, after rejection of his bail application vide order dated 16.12.2022 passed by Additional Sessions Judge (Fast Track Court), Bareilly.

2. Victim herself lodged an FIR against applicant on 25.08.2022 that about five months ago she received a call from a boy (applicant) who introduced himself as Vishal and they started talking with each other. Later on the boy proposed her. Victim used to visit Bareilly to meet him, where she was repeatedly raped under threat to viral her unsolicited photographs. Victim further alleged that on 24.08.2022 when applicant took victim to a Hotel, she came to know that boy's real name is Chand Babu and that he belongs to Muslim religion. Victim confronted him that why he has introduced himself to be a Hindu boy, thereafter applicant forced victim to convert in Muslim religion, she was again raped there and by luck escaped from Hotel and lodged FIR.

3. Sri K.K. Arora, learned counsel for applicant submitted that it is a typical case of honey-trap wherein applicant was trapped by victim and later on she started blackmailing. There is delay in lodging FIR and it would be improbable that despite victim was repeatedly meeting with applicant, still she does not came to know about religion of applicant. Learned counsel referred a copy of visitor's register maintained at Hotel that name of applicant was noted being Chand Babu and name of victim being Neha Khan and as such he submits that victim knew religion of applicant and she in order to conceal her identity, shown he self as a Muslim girl. No alleged unsolicited photographs have been recovered. Victim has not raised any alarm and tried to lodge FIR despite she alleged that she was repeatedly raped for about 4-5 months. Learned counsel placed reliance on this Court's judgment in Criminal Misc. Bail Application No. 716 of 2023 ( Pramod v. State of U.P. ), decided on 04.04.2023 that it is not a case of false promise of marriage.

4. Above submissions are opposed by Sri Sunil Srivastava, learned AGA for State and Sri Subhash Chandra Singh, Advocate for Informant. They submitted that it was a case where applicant has withheld his religious identity and introduced himself to be a boy belonged to Hindu religion. He made physical relationship on false promise of marriage and when it was revealed that he belongs to different religion and victim refused to convert herself, he threatened her and tried to discontinue the relationship. Applicant has raped the victim several times by putting victim under threat to put her unsolicited photographs on social media platforms. Other submissions of counsel for applicant are proposed defence of applicant which may not be considered at this stage.

5. This Court has discussed the legal issue of bail and physical relationship under promise of marriage in Pramod (supra) and relevant part is reproduced as under:

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