SHAKEEL AHAMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
NABAIL/1266/2025 · 2025-09-23
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164864 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164864 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1266 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.50 of 2025 under sections 351(3) BNS, 3, 5(1), 5(3) U.P. Prohibition of Unlawful conversion of Religion Act, P.S. Kotwali Gaishdi, district Balrampur. 2.Heard learned counsel for the applicant, Mr. Bhanu Pratap Singh, Advocate who has filed vakalatnama which is taken on record, and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that the informant had gone abroad for livelihood. Meanwhile, Ismail who was his acquaintance and used to visit his house, in his absence and by increasing his contact with his wife Anarkali and by luring her, converted her religion on 18.4.2024 and kept her with him. On coming to know this fact, he came to his house. The conversion was done with the connivance of village Pradhan Shakeel and Sabhasad Jalaluddin. When the informant enquired, he was threatened to be killed. It is further alleged that his son Pintu and daughter Anju have been converted by keeping them with him. 4.Learned counsel for the applicant submits that the role assigned to the applicant is similar to that of Jalaluddin who has been granted anticipatory bail by a Coordinate Bench of this court vide order dated 16.9.2025 passed in anticipatory Bail No.1277 of 2025. It is submitted Versus Counsel for Applicant(s) : Ripu Daman Shahi, Dinesh Kr. Chaudhary, Israr Siddiqui Counsel for Opposite Party(s) : G.A., Bhanu Pratap Singh Shakeel Ahamad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s)
that the allegations are primarily against the co-accused Ismail. General allegations have been levelled against the applicant and the co-accused Jalaluddin. 5. Mr. Alok Tiwari, learned Addl. Government Advocate and complainant's counsel have opposed the prayer made by applicant's counsel. He submitted that the accused applicant Shakeel Ahamad has played a role of preparing residence certificate of the victim in the converted name Noorjahan dated 18.4.2024. It is submitted that the residence certificate of Anarkali in the name of Noorjahan has been prepared by the accused applicant being Gram Pradhan although he is a resident of the same village and he very well knew that she is Anarkali wife of the informant.
He further submits that the pre-arrest bail is an exceptional remedy and it should not be granted in a routine manner. Learned A.G.A. in support of his argument has relied on judgment of Supreme Court in Nikita Jagganath Shetty versus The State of Maharashtra and others Criminal Appeal No.3088 of 2025 (relevant para 18). 6.I have considered the submission and perused the record. 7. A perusal of the record/ case diary shows that Anarkali, victim in her statement has stated that the accused applicant got prepared her residence certificate in the name of Noorjahan. The case diary further depicts that the marriage certificate was prepared by the co-accused by showing Anarkali as unmarried. The statement of Anarkali shows that first she was converted from Hindu to Muslim and thereafter, she was taken to Mumbai and through court marriage, her name was changed from Anarkali to Noorjahan. The photograph of Noorjahan also appears to have been certified by the applicant. A perusal of record further shows that the role of the accused applicant is distinct from the co-accused Jalaluddin. Prima facie, there is an allegation that the accused applicant has prepared the marriage certificate of Anarkali in the name of Noorjahan. The role of preparing residence certificate has been assigned to the applicant. Case diary further shows that the applicant is absconding and not cooperating in the investigation although efforts have been made by the investigating officer to procure NABAIL No. 1266 of 2025 2
his presence. 8.Having due regard to the judgment in Nikita Jagganath Shetty's case, referred to above, considering the fact that the anticipatory bail is an exceptional jurisdiction, the role of the applicant is different from the co- accused Jalaluddin, investigation is going on, statement of the victim, it cannot be said that it is a case of false implication or the applicant has been implicated only to injure his reputation, and thus no case for anticipatory bail is made out.
9.The application is accordingly rejected. September 23, 2025 kkb/ NABAIL No. 1266 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench