HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10462 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that somehow the accused applicant has got mobile number of the victim and has repeatedly started calling her and using indecent language. It is further alleged that he threatened her to convert. A threat was also extended to the husband of the victim. 3.Learned counsel for the applicant submits that from the statements under sections 180 and 183 BNSS of the victim, it is evident that she has not been converted. The only allegation in the prosecution case is that she has been molested once. It is submitted that the victim has denied to undergo medical examination. No offence under sections 3/5(1) of The U.P. Prohibition of Unlawful Conversion of Religion Act is made out. The applicant has no previous criminal history. The applicant is in jail since 19.8.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Afsar Ali .....Applicant(s) State Of U.P Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, charge sheet has been filed, statement of the victim under sections 180 and 183 BNSS, denial of the victim to undergo medical examination, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Afsar Ali, involved in Case Crime No.343 of 2025 under sections 75, 351(3), 352 BNS, 3/5(1) of The U.P. Prohibition of Unlawful conversion of Religion Act, P.S. Kotwali Bhinga, district Shrawasti be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C. (now 269 BNS) (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicant fails to appear before the court on BAIL No. 10462 of 2025 2 the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). (vii) The applicant shall not contact the victim by any means. 7.The application is allowed accordingly. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial. October 29, 2025 kkb/ BAIL No. 10462 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench