On May 27 2021, the Allahabad High Court granted bail to a person who was arrested under the rape charges and for offences under the Uttar Pradesh Prohibition of Unlawful Religion Conversion Act following that the complainant was major and she went with the accused willingly to the hotel room.
The bail application was moved before the court stating that the applicant was falsely framed by the complainant and it was pointed out that the complainant in the FIR didn't mention her age instead she mentioned "working person". The counsel for the applicant claimed that the complainant was a major as she was born in 1995. He further submitted that the occurrence of this case took place on Nov 28 2020, but the FIR was lodged on Dec 29 2020 without any proper justification for the delay. He also argued that the complainant went with the applicant willingly as they had a love affair and both used to travel and spend time together, he also said that this could be proved based on the FIR itself.
He invalidated the claim made by the complainant that the applicant forced himself on her based on the medical test report conducted on Jan 4 2021 which stated the absence of any sign of force used. It was said that the dispute between both parties began due to conflict of caste or religion, according to the victim, she didn't know that the applicant was a Muslim and she only got to know after seeing his name on the Hotel's register. He also added that the victim was a major and could reason with the worldly affairs, she was competent to consent and here, in this case, she went with the applicant voluntarily. Lastly, it was said that there was no past criminal record of the applicant.
The opposing counsel opposed the bail stating that the applicant raped her and there was no consent given.
After hearing both parties and considering all the facts the High Court ruled in favour of the applicant and granted him bail because it didn't find enough evidence or convincing material supporting the complainant claims. Bail was granted and certain directions were issued to the applicant.