Neutral Citation No. - 2025:AHC:68677 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2700 of 2025 Applicant :- Mohammad Shameem Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zafar Yab Khan,Shahroze Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Mohammad Shameem, seeking enlargement on bail in Case Crime No. 66 of 2024, under Sections 87, 82 (2), 61 (2) BNS and Section 3/5 (1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Chilhiya, District Siddharth Nagar. 3. The allegation made in the FIR is that on 22.07.2024 at 11:00 p.m. applicant has enticed away the daughter of the informant. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 31.08.2024. He 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. Learned counsel for the applicant submits that the incident took place on 22.07.2024 and its FIR was lodged on 11.08.2024 without given any explanation for delay in lodging the FIR. The victim herself returned back to her in-laws place on 27.08.2024 and she has specifically stated in her statement recorded under Sections 180 & 183 BNS that she talked with the applicant for the last 6 months and she on her free will and consent joined the company of the applicant and went with him by train to Darbhanga, then to Bangalore and formed marriage, lived as husband and wife in a rental room and made physical relationship with the applicant on her consent. It is contended that the victim refused for her internal medical examination by means of filing affidavit. It is further submitted that in the present case, the ingredients of Section 82 (2) BNS is not attracted admittedly, the victim is a married lady and her marriage has not yet been dissolved, and she also solemnized second marriage, then the same would be void, so also not only Section 82 (2) of BNS but also Section 3/5 (1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 is not attracted in the present case. It is next submitted that no case is made out against the applicant under Section 61 (2) of BNS and Section 3/5 (1) Prohibition of Unlawful Conversion of Religion Act, 2021. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Mohammad Shameem, 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. 9. 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 :- 29.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad