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The Allahabad High Court recently denied bail to one Nayeem Ansari who is accused of enticing an alleged 15-year-old girl and sexually assaulting her after performing a fraud marriage. The matter was heard before the bench of Justice Ram Krishna Gautam. 

Ansari had moved a bail application before the high court in a case registered under Sections 363, 376, 506 of the Indian Penal Code and 3/4 of the Protection of Children From Sexual Offences Act which was lodged by the father of the victim girl last year. 

It was alleged that Ansari had enticed the victim girl and had performed a fraud marriage by way of putting vermilion (Sindoor), over her head in a temple. Thereafter, allegedly, he had sexually assaulted the girl by way of penetrative sexual assault. 

Opposing Ansari's bail, the Additional Government Advocate had averred that after the said fraud marriage and sexual assault, Ansari had threatened the girl of dire consequences in case she or any of her family members tell anyone about it.

AGA had also argued that as there was no statement regarding the religious conversion of Ansari or the girl and as they belong to different religions, therefore the marriage might only be performed under the Special Marriage Act, before the marriage authority; which was not there.

He contended, "Rather it is being admitted to be a marriage performed in a temple and inter-religion faith is admitted in bail application itself, then how inter-religion marriage may be performed in a temple by Hindu ritual, without there being any conversion?"

He had further submitted that the prosecutrix was minor; she had been enticed and she had been sexually assaulted by Ansari and though this marriage was being said to be there, without observing the provisions of The Special Marriage Act, 1954; it was a fraud.

On the other, Ansari's counsel had argued that Ansari was innocent and he had been falsely implicated. He had submitted that in the statement under Sections 161 as well as 164 Cr.P.C, the alleged victim had said nothing incriminating against Ansari and she had voluntarily solemnized the said marriage.

Court, considering all these facts and circumstances of the case, however, concluded that as the case involved accusations of rape, that too with a minor girl and of fraud marriage, and also there was likelihood of tampering with evidence in case of release on bail, therefore, the there was no ground for Ansari release on bail. 

Case Title: Nayeem Ansari v. State of U.P. and Another