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2025 DAILYLAW 159119 (ALL)

ABU AMIR FAROOQUI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

NABAIL/1068/2025 · 2025-08-25

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1068 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present bail application has been filed by the applicant apprehending his arrest in case crime/FIR No. FIR No. 283/2025, PS: Kotwali Nagar, Gonda, U/s 87 (original), 64(2)(m), 115, 351(3) (added during investigation) B.N.S, 3/5 UP Prohibition of Unlawful Conversion of Religion Act, 2021. 2. Heard learned counsel for the applicant, learned AGA for the State as well as Shri Sulabh Kumar, learned Advocate who has filed vakalatnama filed by the complainant which is taken on record. 3. In the FIR, it is alleged that the informant’s daughter, who was residing in a girls’ hostel at Lucknow while preparing for examinations and went to Gonda to her parents for about one and a half months, left her home on 04.04.2025 at 4:00 p.m. without informing her family members after talking with Pranay Rana. While leaving, she allegedly took along two gold bangles, one gold chain, her educational certificates, and other articles. 4. Learned counsel for the applicant submits that in her statement recorded under Section 180 BNS, the victim did not make any allegation of rape against the applicant. Rather, she stated that she was in a relationship with him and had married him. However, in her subsequent statement recorded under Section 183 BNSS, she came up with a contrary version. The victim also refused to undergo medical examination. It is further submitted that the victim is a major. Versus Counsel for Applicant(s) : Syed Tamjeed Ahmad, Saurabh Sharma Counsel for Opposite Party(s) : G.A. Abu Amir Farooqui .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 5. Learned counsel for the applicant has also drawn the attention of the Court to the chats exchanged between the applicant, his wife, and the victim, wherein no allegation has been made against him. 6. On the other hand, learned AGA as well as learned counsel for the complainant opposed the bail application. With regard to the contention of the applicant concerning the aforesaid chats, learned AGA submits that the investigation is still in progress, and since the said chats do not form part of the case diary, the same can be taken as a defence by the applicant at the appropriate stage during trial. 7. A perusal of the victim’s statement recorded under Section 183 BNSS reveals that she has made allegations of forcible conversion and blackmail for marriage. She further alleged that she was confined and beaten for three days to compel her to convert to Islam. It is also alleged that initially she was misled into believing that the applicant was unmarried, but later she came to know that he was already married and his wife was alive. Prima facie, in view of the statement made by the victim under Section 183 BNSS, it cannot be said that it is a case of false implication. The offence alleged is serious in nature and punishable with imprisonment for life. 8. Accordingly, the application for anticipatory bail stands dismissed. August 25, 2025 R.C. NABAIL No. 1068 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench