NAZMA BANO @ BAUNA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
/5291/2025 · 2025-08-05
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DailyLaw.ai
[ 2025 DAILYLAW 146026 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146026 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45782 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5291 of 2025 Applicant :- Nazma Bano @ Bauna Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Raghvendra Pandey,Nikhil Dwivedi,Prerna Srivastava,Rahul Kumar,Zeeshan Alvi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Zeeshan Alvi, learned counsel for the applicant and Shri Ashish Kumar Srivastava, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 98 of 2025, under Sections 351(3), 318(2) of B.N.S. and Sections 3/5(1) of The U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 registered at Police Station - Cantt, District - Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.04.2025 against 3 names persons and some unknown persons, stating that the informant, who was deceived, was married to one Khurshid Alam who was falsely projected as hindu and thereafter, she was pressurized for converting her religion. 4. In the statement of the informant recorded under Section 181 of B.N.S.S., she stated that her neighbour Simran had introduced her to Khurshid Alam by projecting him as a hindu and the applicant is the mother of Simran. In her statement recorded under Section 183 of BNSS, she reiterated her earlier version and she did not allege any commission of any specific act by the applicant. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent women aged about 55 years and she has been falsely implicated in the present case. She is having no criminal history and is languishing in jail since
07.05.2025. 5. The State has filed counter affidavit annexing therewith all the materials collected during the investigation and it has been stated that investigation is still going. 6. A rejoinder affidavit has been filed on behalf of the applicant annexing therewith a copy of the order dated 24.07.2025 passed by the Co-ordinate Bench of this Court passed in CRIMINAL MISC. BAIL APPLICATION No. - 6537 of 2025 thereby granting bail to the co-accused Khurshid Alam alias Sunny. 8. Learned A.G.A. has opposed the bail application but he could not dispute the fact that the co-accused person namely Khurshid Alam alias Sunny has already been granted bail.
9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that co-accused has already been granted bail, I am of the view that the applicant is also entitled to be released on the ground of parity. 10. Accordingly, this bail application stands allowed. 11. Let the applicant - Nazma Bano @ Bauna be released on bail in the aforementioned 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. Order Date :- 5.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench