HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7085 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant and learned AGA for the State. 2. Learned AGA states that notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal. Copy of the notice is taken on record. 3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with a prayer to allow the appeal, set aside the bail rejection order dated 13.12.2024 passed by Special Judge (SC/ST Act)/Additional District & Sessions Judge, Lalitpur and to release the appellant on bail in Case Crime No.345 of 2024 under Sections 417, 416, 323, 506, 295A, 298 IPC and Section 3(1)(a) SC/ST Act and Section 5(1)3 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station - Kotwali Lalitpur, District - Lalitpur. 4. Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in this case. Victim and appellant has been in relationship for past three years before the lodging of the FIR. Even marriage between the victim and appellant was solemnized as per muslim ritual. Victim remained with the appellant for some time and also gave birth a child. After some time, relationship between them became sour and victim left the appellant. However, she again returned and started living with the appellant. Subsequently, again certain dispute between them arose and consequently, the first Versus Counsel for Appellant(s) : Ashutosh Kumar Tiwari Counsel for Respondent(s) : G.A. Shahbaz Khan .....Appellant(s) State of U.P. and Another .....Respondent(s) information report was lodged. It was submitted that father of the victim himself has endorsed the above facts on an affidavit, which is at page No.86. It was submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. In such circumstances, the appellant is entitled to bail. 5. Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that appellant concealed his identity and contacted the victim by claiming himself as a hindu boy. Thereafter, he promised her to marry and also established physical relationship. When she was taken at a mosque by the appellant, she asked the appellant regarding the reason why she was brought to mosque, but she was threatened by the appellant and his family members. Therefore, the appellant is not entitled for bail. 6. I have considered the rival submissions so made and have gone through the entire record. 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. Pending application, if any, shall stand disposed of. 9. Let the appellant- Shahbaz Khan involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. CRLA No. 7085 of 2025 2 (iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The appellant 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. 10. In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted. October 7, 2025 SK CRLA No. 7085 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad