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2025 DAILYLAW 21335 (ALL)

ASIF v. STATE OF U.P.

BAIL/6235/2025 · 2025-04-29

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68032 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6235 of 2025 Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Ved Prakash Mishra, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 18 of 2025, under Sections 69, 89, 115(2), 352, 351(3), 61(2) of BNS and Sections 3/5 of U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station - Katghar, District - Moradabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage by concealing his religion and also promised her that he shall convert to Hinduism and marry her but subsequently refused to comply with the said promise also. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 21 days from the date of last incident and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is a married lady having two children. It is also stated that criminal history of one case assigned to the applicant stands explained in the supplementary affidavit. There is no medical corroboration of the incident. The applicant is languishing in jail since 11.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the age of the victim being major having two children and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Asif, who is involved in aforementioned case crime be released on bail on his 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 applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 30.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad