ALAUDDIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/1012/2025 · 2025-08-13
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157013 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157013 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47281 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1012 of 2025 Applicant :- Alauddin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ashish Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ashish Kumar Dubey, the learned counsel for the applicant as well as Sri Amit Kumar Dwivedi, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.190 of 2024, under Sections 3/5 Prohibition of Unlawful Conversion of Religion Act, registered at Police Station Motigarpur, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.07.2024 against the sole accused Mubarak stating that on 12.07.2024 the named accused had taken away the informant to Delhi under the pretext of getting her employed at Delhi. The named accused asked the informant to convert her religion and when she declined the named accused raped her and forcibly got her religion converted. 4. In the statement of the victim recorded under Section 180 BNSS she reiterated the F.I.R. version. However, in her statement recorded under Section 183 BNSS she stated that at Delhi Mubarak had taken her to the house of his brother
Alauddin (the applicant), where Mubarak raped her. 5. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 6. The learned A.G.A. has opposed the prayer for bail on the basis of instructions received by him and he has submitted that there is nothing in the case diary regarding any medico legal examination report of the victim. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that victim herself is the informant in the present case and she has not levelled any allegation against the F.I.R. or in her statement recorded under Section 180 BNSS, the only allegation against the applicant has been levelled in the statement of victim recorded under Section 183 BNSS, where she has stated that Mubarak had taken her to the house of the applicant and no allegation of commission of any misdeed by the applicant is there in this statement coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Alauddin before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other
conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.)
Order Date :- 13.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench