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OM PRAKASH TRIPATHI
Farhan Ahmad (Shanu) – Appellant
Versus
State Of U. P Thru Secretary Home Lknw. – Respondent
JUDGMENT :
Om Prakash Tripathi, J.
1. Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
2. Accused-applicant, involved in Case Crime No. 411 of 2021, under Sections 3 76 , 504, 506 IPC and 3/5 (1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2020, Police Station Ramgarhtal, District Gorakhpur, applied for bail.
3. The brief facts of the case is that the informant is resident of Mohalla Chilmapur Nai Colony, Gorakhpur and in the month of January, 2021 through facebook she has come in the touch of present applicant Farhan Ahmad (Shanu) who demanded the number of the informant and thereafter the conversation between both was started. It is further alleged that the applicant stated himself he is working at the post of Tax Inspector in Nagar Nigam Gorakthpur and during conversation he has made proposal of marriage and after giving assurance he has developed physical relation, however she has conceived pregnancy, but after making pressure abortion was conducted and thereafter when the informant has stated to get marry then he was tolerating the matter and stated that until and unless she will not accept Islam Religion
Coercion in religious conversion violates individual rights and statutory provisions, justifying the rejection of bail.
Court is inclined to allow the present application as State has also not been able to answer the query made to the Counsel for the respondent/State.
The court's decision was primarily based on the failure of the State to verify crucial aspects prior to the arrest and the prima facie opinion that the prosecutrix was aware of the religion of the ap....
The main legal point established in the judgment is that the provisions of Section 3 of the Act of 2021, which prohibit conversion from one religion to another by use of misrepresentation, force, und....
The court established that the severity of sexual offenses against women warrants strict scrutiny in bail applications to ensure societal protection.
The seriousness of the prosecutrix's suicide attempt as evidence of the seriousness of the relationship influenced the court's decision to deny the bail application.
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