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2025 DAILYLAW 2321 (ALL)

SAHIBE ALAM v. STATE OF U.P.

BAIL/33853/2025 · 2026-04-22

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33853 of 2025 Court No. - 65 (Sr. No.174 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Dheeraj Kumar Pandey, Advocate holding brief of Sri Vikas Chauhan, learned counsel for the applicant, Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.148 of 2025, under Sections 87, 64(1), 351(2) BNS and 3/5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Chhawni, District Basti, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is stated to have took the victim to Mumbai and nobody was ready to give them house for stay, as such, they returned. The said story as narrated by the victim indicates her consent as she had not raised any alarm whatsoever during the said sojourn. 5. Learned counsel for the applicant has further argued that the victim is major aged about 21 years as per her own statement. The applicant has no criminal history and is in jail since 26.6.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application Versus Counsel for Applicant(s) : Vikas Chauhan Counsel for Opposite Party(s) : G.A. Sahibe Alam .....Applicant(s) State of U.P. .....Opposite Party(s) but the submissions raised by the learned counsel for the applicant could not be disputed. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that victim seems to be a consenting party as she travelled with the applicant all the way to Mumbai and had not raised any alarm whatsoever during the said sojourn, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Sahibe Alam, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 23, 2026 Vikas Verma BAIL No. 33853 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad