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2025 DAILYLAW 182172 (ALL)

HASEEN AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/12454/2025 · 2025-12-11

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12454 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record. The applicant seeks enlargement on bail in FIR No. 390 of 2025 under Sections 137(2), 87 BNS & Section 3/5(1) of Prevention of Conversion of Religion Act and Section 3(2)(v) SC/ST Act, Police Station-Millarea, District-Raebareli. Submission of the learned counsel for the applicant is that victim is a consenting party. The role of enticement was mainly only on co-accused Daud Ibrahim, who has already been enlarged on bail by this Court vide order dated 04.12.2025 passed in Criminal Misc. Bail Application No. 12112 of 2025. It is submitted that although the applicant is named in the FIR and in the victim's statement under Section 180 BNS, the victim has not taken his name in the statement recorded under Section 183 BNS. Even in the statement under Section 183 BNS, the only role attributed to the applicant is that he accompanied the victim and the co-accused to the railway station and helped them in boarding the train. There are no other allegations against the applicant. The case of the applicant stands on a better footing than that of the co-accused. Learned A.G.A. vehemently opposed the bail prayer. However, could not dispute the fact that co-accused has already been enlarged on bail. Versus Counsel for Applicant(s) : Sachin Verma, Praveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Haseen Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Considering the aforesaid and also the facts that applicant is in jail since 05.10.2025 and has no criminal history so also the role assigned to him and bail order of the co-accused Daud Ibrahim, I am of the view that the applicant is entitled to be released on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant- Haseen Ahmad, be released on bail in the aforesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 11, 2025 Vinay/- BAIL No. 12454 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench