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2025 DAILYLAW 137136 (ALL)

KALEEM KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/3618/2025 · 2025-04-29

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24393 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3618 of 2025 Applicant :- Kaleem Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashutosh Bajpai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashutosh Bajpai, learned counsel for the applicant, Sri Akhilesh Kumar Vyas, learned A.G.A-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.251 of 2024, under Section 376 IPC and Section 3/5(3) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, registered at Police Station Hardatt Nagar Girant, District Shrawasti. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.12.2024 against the applicant, his father and mother, stating that the applicant came into contact with the informant about one year ago and after alluring her, he made physical relation without her consent. Thereafter he married her in Bahraich court and took her to Mumbai. The parents of the applicant pressurized the informant to consume beef and offer Namaz but she declined as she is a Hindu. Later on the informant came to know that the applicant is a married man having two children. The applicant dropped the informant at Malhipur and went away and whenever she calls, he states that he is at Mumbai. 4. In the statement of the informant recorded under Section 180 B.N.S.S, she stated that she was in relation with the applicant for the last three years. She alleged that on 02.08.2023, the applicant had called her at Kataliya Crossing, made her drink something after consuming which she fell unconscious and he took her on his motorcycle to grove and raped her. On the basis of her photo, the applicant blackmailed her and she forcibly changed her religion also. 5. The external medico legal examination report of the informant did not reveal any mark of injury or sign of use of force and the victim declined to undergo internal medico legal examination. 6. In the statement of victim recorded under Section 183 BNSS, she stated that she is aged 26 years, she used to talk to one Ramesh for the last three years, who ultimately turned out to be the applicant and rest of the averments made by the victim were similar to her earlier statement. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a innocent, he has been falsely implicated in the present case and he has no criminal history. 8. Learned A.G.A. has opposed the bail application. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim herself is the informant and she has changed her version in the FIR, in her statement recorded under Section 180 BNSS and in her statement under Section 183 BNSS and that the applicant has no criminal history and is languishing in jail since 16.01.2025 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Kaleem Khan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 29.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench