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Neutral Citation No. - 2025:AHC:66272 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3395 of 2025 Applicant :- Imran Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Tabassum Hashmi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Tabassum Hashmi, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Imran, seeking enlargement on bail in Case Crime No. 693 of 2024 , under Sections 115 (2), 352, 351, 61 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, Police Station Vijay Nagar, District Ghaziabad.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.11.2024.
Learned counsel for the applicant submits that victim in her statement recorded under Section 183 of BNSS has levelled allegation of committing rape against co-accused Sahil. The allegation against the applicant is only to manhandling with the father of victim and also forced the victim to get marry with co- accused Sahil and also to convert her religion. There is no allegation of molestation or committing sexual assault against the applicant. Learned counsel for the applicant submits that role of applicant is distinguishable from Sahil and other co-accused persons. Learned counsel for the applicant submits that similarly circumstanced co-accused Badshah @ Nadeem has already been enlarged on bail by this Court on 25.4.2025 in Criminal Misc. Bail Application No. 2242 of 2025. 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. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Imran, 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 :- 29.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad