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The FIR was filed by a Bajrang Dal member who alleged that Alam, a Muslim, had abducted a Class 10 Hindu girl
The Allahabad High Court on November 5, 2024 granted bail to one Javed Alam, accused of abducting and converting a minor Hindu girl. The case, brought to the fore by members of Bajrang Dal, involved charges under the Indian Penal Code, the POCSO Act, and the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021.
The FIR was filed by a Bajrang Dal member who alleged that Alam, a Muslim, had abducted a Class 10 Hindu girl. The complaint stated that the girl, born in June 2006, was crying when Alam was taking her away. The FIR also claimed that Alam had coerced the girl into converting her religion and engaging in a physical relationship over the past eight months.
Pressing for bail, Alam’s counsel argued that the accusations were driven by prejudice, given the interfaith nature of the relationship. He contended that the couple’s marriage was consensual and that Bajrang Dal members had intervened during a dispute between the two on the train, leading to Alam’s arrest.
The prosecution opposed the bail plea but did not dispute the victim’s statements affirming her consent. The victim’s counsel also informed the court that she wished for Alam’s release to resume their marital life.
The bench of Justice Sameer Jain noted that, while the allegations were serious, the evidence on record painted a different picture. The victim’s statements under Sections 161 and 164 CrPC revealed that she had voluntarily married Alam and had no objections to living with him. An affidavit submitted by the victim during the investigation also affirmed her consent.
The court highlighted that at the time of the FIR’s registration, the victim was over 17 years old and had since turned 18. It was further noted that Alam had no prior criminal history and had been in custody for nearly one and a half years.
Granting bail, the court observed that the victim’s statements consistently indicated her willingness to stay with Alam and perform her marital duties. "Considering the circumstances, the applicant is entitled to be released on bail," the order read.
As per the bail order, Alam must appear before the trial court as required and refrain from influencing witnesses or tampering with evidence. He is also barred from engaging in criminal or anti-social activities.
The court clarified that its observations were limited to the bail proceedings and would not impact the trial’s outcome.
Case Title: Javed Alam Vs State Of U.P. And 3 Others
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