FIROZ @ FIRAZ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.
BAIL/8046/2025 · 2025-08-27
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160263 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160263 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8046 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Nisha Devi, learned counsel for the applicant, Shri Ashok Kumar Srivastava, 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 younger brother 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 brother Miraj. The informant lived with the applicant's brother 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 and father-in-law in Village Fatehpur, they abused her and turned her away. Versus Counsel for Applicant(s) : Nisha Devi Counsel for Opposite Party(s) : G.A. Firoz @ Firaz .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s)
5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent persons, he has been falsely implicated in the present case and he has no criminal history. 6. Co-accused Shahnaz Bano @ Shahnaz has been granted bail by means of an order dated 13.08.2025 passed by this Court in Crl. Misc. Bail Application No.7552 of 2025. 7. Learned A.G.A. has opposed the bail applicant and has submitted that the investigation of the case is still going on. 8.
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 brother two years ago and the only allegation against the applicant is of hurling some abuses through phone; the applicant has no criminal history and he is languishing in jail since 02.07.2025 whereas a co-accused person has already been granted bail, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Firoj @ Firaj 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. August 27, 2025 -Amit K- BAIL No. 8046 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench