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Allahabad HC rejects bail to men accused of kidnapping girl in Uttar Pradesh

Counsel for the applicant submitted that they have been falsely implicated along with the other co‐ accused and are not at all connected to the crime.

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The Allahabad High Court on Friday rejected the bail applications of Razmani and Amreen, accused of kidnapping the girl and converting for marriage.

A bench of justice J.J. Munir passed this order while hearing a Criminal Misc. bail application filed by Razmani and another for bail in a case under Sections 366, 368, 120B of Indian Penal Code and Section 5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, Police Station Jalesar, District Etah.

It is argued by the Counsel for the applicants that they were not named in the FIR and that their names have surfaced through the statements of the prosecutrix grandfather, father and brother, recorded under Section 161 of CrPC after a lapse of about a month and four days of the occurrence.

Counsel for the applicant submitted that they have been falsely implicated along with the other co‐ accused and are not at all connected to the crime. It is emphasised by the Counsel for the applicants that the prosecutrix in her statement under Section 164 of Cr.P.C. has not at all nominated the applicants or made any reference to their complicity.

Councel further submitted that the evidence against the applicants is concocted and the case against them remote. It is also argued that; the applicants live at the distance of 70 km from the place of occurrence and the conspiracy attributed to them is no more than a figment of the prosecution’s imagination.

Councel for the applicants said that the applicants are in jail since December 22, 2020.

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Additional Government Advocate has vehementally opposed the bail plea.

“Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, and, in particular, the fact that the applicant threatened the prosecutrix’s grandfather, father and brother to give up the prosecution as they have converted the prosecutrix to Islam, a mischief particularly sought to be curtailed by the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, the fact that the statement of the prosecutrix under Section 164 Cr.P.C. prima facie shows that she was taken to the Kadkaduma Court, Delhi, where in the presence of lawyers she was made to sign some papers that were in Urdu about which she could not make out anything, the fact that she was abducted forcibly in a car and taken away, but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage”, the order reads.

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