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2025 DAILYLAW 189883 (ALL)

MOHAMMAD IRSHAD v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO AND 3 OTHERS

BAIL/10984/2024 · 2025-10-17

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10984 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.103 of 2023, under Section 354, 354gh, 376(2)(n), 504, 506 IPC, Section 5L/6 & 7/8 of POCSO Act & Section 3, 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, P.S. Chapiya, District Gonda. 3. In terms of the FIR it was alleged that daughter of the informant used to be forced by the applicant to form physical relations after converting her religion. Subsequently, in the statement under Section 164 Cr.P.C., she admitted that she was talking to the applicant for the last one year. The victim refused to undergo medical examination. Tentative age of the victim is around 17 years 9 months. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the victim has refused to undergo medical examination, the applicant who is in custody since 28.04.2023 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mohammad Irshad be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- Versus Counsel for Applicant(s) : Satendra Nath Rai Counsel for Opposite Party(s) : G.A. Mohammad Irshad .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) 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. October 17, 2025 nishant BAIL No. 10984 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench