MOHD. SAIF ALI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS
BAIL/8505/2025 · 2025-09-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162604 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162604 (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. - 8505 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Anurag Singh Rathore, learned counsel for the applicants, 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.41 of 2025, under Sections 137(2), 352, 74, 61 and 61(2) of B.N.S., Sections 7/8 of The Protection of Children from Sexual Offences (POCSO) Act, 2012 and Sections 3/5(3) of The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, registered at Police Station- Delhupur, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.05.2025, stating that two daughters of the informant aged 13 and 17 years had gone missing. 4. In the statement of both the victims recorded by the Investigating Officer under Section 180 BNSS, they stated that their mother had beaten them due to which they got angry and they had gone away from home. Both of them had categorically stated that no misdeed was committed against any of them and they had gone out of their home on their own free will. 5. The informant and the victims both declined the medico-legal examination of the victims. In the statement of the informant's elder Versus Counsel for Applicant(s) : R.B.S. Rathaur, Anjali Ratnesh, Sachin Kumar Counsel for Opposite Party(s): G.A. Mohd. Saif Ali .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s)
daughter recorded under Section 183 BNSS, she stated that she was in relationship with the co-accused Sabir for the past four years and she had gone with him out of her own free will. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that co-accused Majida Begum and Sabreen have already been granted bail by this court by means of an order dated 13.08.2025, passed in Criminal Misc. Bail Application No.7556 of
2025. 7.
Learned A.G.A. has opposed the bail application and has submitted that allegations have been established during the investigation and charge sheet has been submitted on 08.06.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the statements of the victims recorded under Section 180 BNSS wherein they have levelled no allegation against the applicant as well as the statement recorded under Section 183 BNSS, wherein the elder daughter of the informant has stated that she was in relationship with a co-accused person for the past four years coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 17.05.2025 and the investigation already stands concluded and two co-accused persons have been enlarged on 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-Mohd. Saif Ali 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;
BAIL No. 8505 of 2025 2
(iii) the applicant shall appear on each and every date fixed by the trial Court. September 10, 2025 Ram. BAIL No. 8505 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench