KHWAJA SHAMSHUZZAMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/8114/2025 · 2025-10-17
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190122 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190122 (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. - 8114 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Counter affidavit filed by Shri Ashish Kumar Tiwari, learned counsel for the informant is taken on record. 2. Heard learned counsel for the applicant, Shri Ashish Kumar Tiwari, learned counsel for the informant as well as learned AGA for the State. 3. The accused-applicant seeks bail in FIR/Case Crime No.0247 of 2025 under Sections 69, 123, 308(2), 115(2), 351(3) BNS and Section 3/5(1) of UP Unlawful Conversion Act, P.S.- Ashiyana, District- Lucknow. 4. In terms of the FIR, it was alleged that the victim met the applicant through telegram, and thereafter, they started talking to each other. Subsequently, physical relations were made on the false pretext of marriage. It was also alleged that name of the applicant was wrong and the victim was also threatened to change her religion. Allegation of substantial amount of money being paid by the victim to the applicant has also been levelled. 5. Learned counsel for the applicant has drawn attention of this Court on the statement of one of the witnesses who had stated that victim and the applicant wanted to marry each other and physical relation were formed between them on several occasions. The tentative age of the victim is 26 Versus Counsel for Applicant(s) : Sayyed Farooq Ahmad, Afzal Ahmad, Evaz Ali, Mohammad Zaheen Siddiqui, Vinod Kumar Yadav Counsel for Opposite Party(s) : G.A., Ashish Kumar Tiwari, Raghunath Dubey Khwaja Shamshuzzama .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
years. 6. Learned AGA as well as learned counsel for the informant has opposed the bail application. 7. Considering the facts and circumstances and the fact that physical relations have been formed in between the parties on various occasion coupled with the fact that the applicant is in custody since 13.07.2025 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 8.
Let the applicant- Khwaja Shamshuzzama be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. October 17, 2025 V. Sinha BAIL No. 8114 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench