Man Allegedly Commits Rape By A False Promise To Marry, Threatens Victim To Accept Islam: Allahabad HC Denies Him Bail

The Allahabad High Court on Wednesday denied bail to a man accused of committing Rape by establishing a physical relationship with the Victim on a false promise to marry her and thereafter, threatening her to accept the Muslim religion.

The Bench of Justice Om Prakash Tripathi was dealing with the bail plea of one Farhan Ahmad (Shanu) who contended that he is innocent and had been falsely implicated in the case only for the purpose of blackmailing.

The Case in brief

As per the prosecution's case, the informant/victim came in touch with the accused through facebook and the applicant-accused stated himself to be working at the post of Tax Inspector in Nagar Nigam Gorakhpur.

Allegedly, during the conversation, he made a proposal of marriage and after giving assurance he developed physical relation, however, when she conceived, the accused pressurized her to abort the pregnancy, and thereafter, when the victim asked him to get married, he said that until and unless she accepts Islam, he wouldn't marry her.

It has been further alleged that in October 2021, he came with one girl to meet her and started abusing her and used derogatory words and threatened her to accept Muslim Religion otherwise neither he would marry her nor he would accept her and she would be murdered.

Agaisnt this backdrop, the victim lodged a First Information Report in the matter against the accused under Sections 376, 504, 506 IPC and 3/5 (1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2020.

Contentions put forth

The counsel for the applicant submitted that the alleged incident is said to have taken place at an unknown date and time i.e., in the month of January, 2021, whereas the FIR with regard to the same incident had been lodged after 10 months of the alleged incident without any plausible explanation for the delay in lodging of the FIR.

The main contention of the counsel for the applicant was that it is a matter of consensual relationship. Both the parties are major and there is no evidence of abortion. It was also contended that in the statement recorded under Section 164 Cr.P.C., she admitted the love affair and relationship with the present applicant.

On the other hand, the A.G.A. submitted that it is a heinous crime against society and has a long effect on the mind of victims. The victim had to go through serious emotional trauma and physical suffering.

Lastly, it was argued that Sexual intercourse with the victim on the pretext of false promise to marry is, and ought to be an offence of rape under the effect of the penal provisions on the mind of the victim. 

Considering the facts and circumstances of the case, rival contention of counsel for the parties and perusal of record and considering the complicity of accused and serious allegation of rape against him, at this stage, without commenting on the merits of the case, the Court did not find it a fit case for bail.

Therefore, the bail application of Farhan Ahmad (Shanu) was rejected.

Case title - Farhan Ahmad (Shanu) v. State Of U.P Thru Secretary Home Lknw.
Case Citation: 2022 LiveLaw (AB) 2

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