The Allahabad Excessive Courtroom 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 beneath the brand new illegal conversion regulation 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 beneath the Scheduled Castes and Tribes (Prevention of Atrocities) Act, Gautam Buddha Nagar, rejected his bail plea in a case of alleged rape and illegal conversion of a Dalit girl, aged 20.
Mr. Malik was booked beneath Sections 376 (rape) and 506 (legal intimidation), related sections of the SC/ST Act and Part 3/ (5)1 of the Uttar Pradesh Prohibition of Illegal Conversion of Faith 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 have been developed by him with the consent of the sufferer. In her assertion beneath Part 161 CrPC, the sufferer had mentioned that the person 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 legal attraction filed by Mr. Malik.
“Upon listening to realized counsel for the events, perusal of file and contemplating the complicity of accused, severity of punishment in addition to totality of details and circumstances, I discover that the court docket under has erred in rejecting the bail utility,” the court docket mentioned in an order dated June 25.