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The Allahabad High Court last week refused to grant bail to one Naushad accused of exploiting a minor at her home in District Amethi, Uttar Pradesh taking advantage of the fact that victim's father was living in Ahemdabad to earn livelihood for his family.

The bench of Justice Dinesh Kumar Singh passed the order a criminal miscellaneous bail plea filed by Naushad. A case was registered against Naushad under Sections 376 and 506 IPC, 3/4 POCSO Act, 3(2)5, 3(1)(da) SC/ST Act and 3&5(1) of The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

As per the allegations in the First Information Report, Naushad raped the minor and also made her pregnant. The allegations of an attempt to convert the victim from her religion were also made against Naushad. 

The victim, who was 16 years old at the time of the incident had fully supported the prosecution case in her statement recorded under Section 161 and 164 of the Criminal Procedure Code. 

Considering the fact that Naushad exploited the victim being alone at her home in absence of her father, Court did not find it to be a fit case for enlarging him on bail.

In a similar case, in January this year, the high court denied bail to one Farhan Ahmad (Shanu) accused of committing rape on a woman by establishing physical relations on the pretext of marriage, impregnating her, and thereafter pressurizing her to convert to Islam for marriage.

In that case, it was alleged that when the victim got pregnant, Ahmad pressurised her to abort the pregnancy to which she had to agree under the circumstances. Later on, when the woman asked Ahmad about marriage, he said that he was tolerating the matter and added that until and unless she will not accept Islam Religion he will not marry to her.

Case Title: Naushad v. State Of U.P. Thru Prin.Secy. Home Lucknow And 3 Ors.