Extracted from the PDF above. The PDF is authoritative.
SL. No.
Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures
COURT’S OR JUDGE’S ORDERS
BA1 No. 129 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. P.S. Dhami, learned counsel for the applicant.
2. Mr. Siddharth Bisht, learned A.G.A. and Mr. Himanshu Sain, learned Brief Holder for the State.
3. The present applicant is seeking bail in relation to FIR No. 609 of 2024 registered at P.S. Rudrapur District Udham Singh Nagar on the basis of the FIR dated 12.12.2024 wherein the present applicant has been implicated for the offence punishable under section 318(4), 319 of BNS read with Section 3, 5 of Uttarakhand Freedom of Religion and Prohibition of Unlawful Conversion of Religion Act 2018.
4. As per the prosecution case, the daughter of the complainant Vinod Kohli married with one Aman Chaudhary @ Aman Siddiqui, s/o Mirajuddin and at the time of engagement and marriage, impression was given that Aman Chaudahary @ Aman Siddiqui by religion is Hindu, and on this impression the marriage took place on 10.12.2024, as per the Hindu custom and rites, however, when the daughter of the complainant reached in her in-laws house, she found that most of the persons belong to different religion. Subsequently, on the next date, i.e, 11.12.2024 an affidavit was given by
Aman Chaudhary @ Aman Siddiqui that his father, by religion is Muslim and he will not compel the victim to convert her religion. Immediately, thereafter, on the next day the FIR has been lodged.
5. Mr. Siddharth Bisht, learned A.G.A. for the State informed this Court that bail application of Aman Chaudahary @ Aman Siddiqui was already rejected by this Court which has not been disputed by the learned counsel for the applicant.
6.
Learned counsel for the applicant submits that the present applicant who is one of the accused in the FIR was only the mediator for their marriage and he was also given this impression that Aman Chaudahary @ Aman Siddiqui belongs to Hindu religion and this fact came into his knowledge when affidavit was given in which Aman Chaudhary @ Aman Siddiqui admits that his father name is Mirajuddin and he belongs to different religion.
7. Mr. Siddharth Bisht, learned A.G.A. have not disputed this fact that the role of the applicant is only of a mediator and he also not disputed this fact that since charge sheet has already been filed, therefore, there is no need of further custodial interrogation of the applicant.
8. After hearing the arguments of the
learned counsel for the parties and further taking into consideration the fact that he has no relation with the family of the Aman Chaudahary @ Aman Siddiqui, this Court is of the view that the applicant deserves for bail.
9. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed.
10. Let the applicant- Santosh Prasad be released on bail on his executing a
personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
11. It is made clear that the applicant will cooperate with the trial and will not seek unnecessary adjournment.
(Rakesh Thapliyal, J.)
06.03.2025 Parul