SHAHNAZ BANO @ SHAHNAZ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
/7552/2025 · 2025-08-13
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157886 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157886 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47404 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7552 of 2025 Applicant :- Shahnaz Bano @ Shahnaz Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Nisha Devi,Ajai Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Nisha Devi, learned counsel for the applicant, Shri Prashant Tripathi, learned A.G.A. 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.0155 of 2025, under Sections 115(2), 352, 351(2), 351(3), 74, 85, 87, 61(2) of B.N.S. and Sections 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, registered at Police Station Kandhai, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.07.2025 against six persons including the applicant, stating that the applicant's son Miraj Ali had enticed away the informant two years ago, he got her religion converted and he performed court marriage with her on 29.02.2024. On 22.05.2025, the informant's Nikah ceremony was performed with the applicant's son Miraj. The informant lived with the applicant's son for 4-5 months after the marriage but thereafter the accused persons started harassing her. 4. In the F.I.R., it has also been stated that when the informant went to her mother-in-law (applicant) and father-in-law in Village Fatehpur, they abused her and turned her away. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent lady aged about 52 years, she has been falsely implicated in the present case and she has no criminal history. 6. Learned A.G.A. has opposed the bail applicant and has submitted that the investigation of the case is still going on. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant herself has stated that she married the applicant's son two years ago and that she did not wish to reside with the applicant and when she had gone to the applicant and her husband to reside in the village, they turned her away; that the applicant is a woman, she has no criminal history and is languishing in jail since 02.07.2025, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Shahnaz Bano @ Shahnaz 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 :- 13.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench