MOHD. ISRAIL v. STATE OF U.P. TRHU. PRIN. SECY. DEPTT. OF HOME LKO
BAIL/9532/2025 · 2025-09-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168377 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168377 (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. - 9532 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Nisha Devi, learned counsel for the applicant, Shri Jayant Singh Tomar, 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 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. It has also been stated that when the informant went to her mother-in-law (applicant) and father-in-law in Village Fatehpur, they abused her and turned her away. 4. In the statement of informant recorded under Section 180 B.N.S.S., she sated that at the time of her Nikaah, the applicant was also present. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another case has been disclosed Versus Counsel for Applicant(s) : Nisha Devi Counsel for Opposite Party(s) : G.A. Mohd. Israil .....Applicant(s) State Of U.P. Trhu. Prin. Secy. Deptt. Of Home Lko .....Opposite Party(s)
in para 22 of the affidavit, in which he has not received any summon. 6. The co-accused Shahnaz Bano @ Shahnaz has been granted bail by means of an order dated 13.08.2025 passed by this Court in CRIMINAL MISC. BAIL APPLICATION No. - 7552 of 2025. Another co-accused Akram has been granted bail by means of an order dated 26.08.2025 passed by this Court in Bail Application No.7969 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 victim had herself lodged the F.I.R. and she has not named the applicant in THE F.I.R.; that she has named the applicant in her statement recorded under Section 180 BNSS wherein she stated that the applicant was present during her Nikaah; that there is no allegation of commission of any misdeed by the applicant and the applicant is languishing in jail since 02.07.2025 whereas co-accused persons have 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. Israil 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. September 26, 2025 S. Shivhare BAIL No. 9532 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench