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2025 DAILYLAW 176899 (ALL)

GAFFAR @ MUKHTAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME GOVT. OF U.P. LKO.

BAIL/10826/2025 · 2025-11-10

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10826 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.204 of 2025, under Sections 87, 61(2), 64(2), 351(3) of BNS and Section 3/5(1) of Uttar Pradesh Unlawful Religion Act, 2021, Police Station Lilapur, District Pratapgarh. 3. In terms of the FIR, it was alleged that in the year 2022, some inappropriate videos were made and on the threats rape was committed. It was alleged that for the said offence, a case was reigstered as FIR No.9 of 2022. Subsequently, the threats were being used for compromise the said case. It was stated that on 17.08.2025, four persons came and one of the co-accused Sageer caught hold the victim and took her to a separate place where her religion was changed without her consent and thereafter wrong was committed. In the statement under Section 180 of BNS, the victim stated that her marriage was got solemnized against her consent with the co-accused Sageer by four persons named in the FIR including the applicant. No allegation of rape was levelled against the applicant. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that there are no allegation against the applicant; Versus Counsel for Applicant(s) : Ashok Kumar Singh, Rahul Kumar Singh Counsel for Opposite Party(s) : G.A. Gaffar @ Mukhtar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Of U.P. Lko. .....Opposite Party(s) the applicant is aged about 50 years coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 23.08.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Gaffar @ Mukhtar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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. November 10, 2025 akverma BAIL No. 10826 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench