Neutral Citation No. - 2025:AHC:28976 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41300 of 2024 Applicant :- Mustafa Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Abhay Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Abhay Mishra, learned counsel for the applicant and Shri Jai Kishan Chaurasiya, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Mustafa, seeking enlargement on bail in Case Crime No. 457 of 2024, under Sections 342, 354, 294, 504 & 506 I.P.C. and Section 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act and Section 7/8 of POCSO Act, Police Station-Mundhapanday, District Moradabad. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. First Information Report has been lodged on 11.09.2024 with a delay of more than three months as the alleged incident taken place on 14.06.2024 and 16.06.2024, without any plausible explanation, with the allegation that the first informant/ victim along with her two friends went to learn sewing in the Sewing and Embroidery training center of the applicant's wife where the applicant on 14.06.2024 and 16.06.2024 committed obscene acts and the wife of the applicant has made video of the same and pressurizing the victims to adopt Islam when they refused the applicant and her wife threatened to viral the video. Applicant is languishing in jail since 13.09.2024. Learned counsel for the applicant submits that initially the First Information Report was lodged under Sections 342, 354, 294 I.P.C. and Section 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion and during the investigation on the basis of the statement of the victims Section 504, 506 I.P.C. and Section 7/8 of POCSO Act, were added. He further submits that neither any video clip nor photographs has been recovered from the cellphone of the applicant. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the fact that the applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Mustafa, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 20.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad