SHABBIR AHMAD v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND 3 OTHERS
BAIL/11678/2025 · 2025-12-03
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176893 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176893 (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. - 11678 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State, Shri Ramkewal Tripathi, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 346 of 2025, under sections 137(2), 87, 61(2)(A), 70(2), 127(6) BNS, Sections 5G/6(1) POCSO Act, Sections 3/5(3) U.P. Prohibition of Unlawful Conversion of Religion Act, P.S. Kotwali Dehat, District Balrampur. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant age about 17 years was enticed by the applicant alongwith accomplice on false pretext of marriage. In her statement under Section 180 BNSS the victim admitted that the applicant was working with father of informant and used to come home regularly and also used to talk on telephone. It was also stated that the applicant got a phone partner and used to talk regularly. It was stated that the applicant proposed to marry her and on 20.9.2025 the applicant came alongwith two accomplice and promised to marry her and thereafter they were roaming in a car when the police apprehended them. No allegations of rape was made either in the FIR or in the statement under Section 180 BNSS. However in the statement under Section 183 BNSS the victim disclosed her age as 17 years and stated that she was taken by the applicant alongwith two accused in the car and physical relations were formed against her consent by the applicant. She also stated that the Versus Counsel for Applicant(s) : Naveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Shabbir Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. And 3 Others .....Opposite Party(s)
applicant was asking her to marry him and allegations of conversion of religion were also levelled. In the medical report shown by learned A.G.A. no injury was visible. 4. Learned AGA has opposed the bail application. 5.
Considering the fact that there was huge variance in the statement under Section 180 and 183 BNSS and the persistent stand that the application wanted to marry her coupled with the fact that the co accused with different allegations have been enlarged on bail and medical not corroborating the allegations, however, without commenting upon the merits of the case, the applicant who is in jail since 22.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Shabbir Ahmad be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. December 3, 2025 J. K. Dinkar BAIL No. 11678 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench