MAQSOOD AI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME
BAIL/9541/2025 · 2025-10-09
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197182 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197182 (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. - 9541 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. The present bail application has been filed on behalf of the applicant in Case Crime No.0155 of 2025, under Sections 115(2), 352, 351(2), 351(3), 74, 85, 87, 61(2) of the BNS and Section 3/5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station -Kandhai, District - Pratapgarh with the prayer to enlarge him on bail. The submissions of learned counsel for the applicant is that the applicant is an innocent person and he has falsely been implicated in the case. It is further submitted that co accused namely Shahnaz Bano @ Shahnaz, Akram and Firoz @ Firaz have already been enlarged on bail by a co-ordinate bench of this Court vide orders dated 13.08.2025, 26.08.2025 and 27.08.2025, passed in Criminal Misc. Bail Application Nos.7552 of 2025, Criminal Misc. Bail Application No.7969 of 2025 and Criminal Misc. Bail Application No.8046 of 2025. Learned counsel for the applicant has further submitted that the case of the applicant stands on the similar footing, therefore, the applicant is entitled for bail on the ground of parity. He also stated that applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be.
Learned Counsel for the applicant has submitted that applicant is languishing in jail in this matter since 02.07.2025 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or he will not appear before the Court below. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for grant of bail, but has not disputed the
contentions advanced by learned counsel for the applicant. He also could not dispute Versus Counsel for Applicant(s) : Nisha Devi Counsel for Opposite Party(s) : G.A. Maqsood Ai .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home .....Opposite Party(s)
that co-accused persons have already been enlarged on bail by this Court. Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances as also the fact that co-accused persons have already been enlarged on bail and submission of counsel for the applicant to the effect that while on bail in this case, the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Let applicant - Maqsood Ali be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
October 9, 2025 ML/- BAIL No. 9541 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench