MOHD. SHAMIM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/8702/2025 · 2025-09-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164048 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164048 (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. - 8702 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Sikandar Zulqarnain Khan, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A.-I 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, not including the applicant, stating that a named co-accused 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 Miraj. The informant lived with her husband for 4-5 months after the marriage but thereafter the accused persons started harassing her. 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. 4. The applicant was the maulvi who had conducted the nikaah and therefore he had been implicated in the present case. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and she has no criminal history. 6. The co-accused persons Shahnaz Bano @ Shahnaz, Akram and Firoz have been granted bail by means of an orders dated 13.08.2025, 26.08.2025 and 27.08.2025 passed by this Court in CRIMINAL MISC. BAIL APPLICATION Nos. - 7552 of 2025, 7969 of 2025 and 8046 of 2025 respectively. Versus Counsel for Applicant(s) : Sikandar Zulqarnain Khan, Ravi Kant Counsel for Opposite Party(s) : G.A. Mohd. Shamim .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
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 victim had herself lodged the F.I.R. and she has not named the applicant in F.I.R.; that the applicant has been implicated subsequently as he had conducted nikaah as maulvi, he has no criminal history and he is languishing in jail since 02.07.2025 whereas three co- accused persons have 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-Mohd. Shamim 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, unless his appearance is exempted by the learned trial court. September 15, 2025 Ram. BAIL No. 8702 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench