Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 25147 (ALL)

MOLANA KAREE IRSHAD v. STATE OF U.P.

BAIL/7658/2025 · 2025-04-27

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:65564 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7658 of 2025 Applicant :- Molana Karee Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.,Neelam Kushwaha Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Shri Krishna Dutt Tiwari, learned counsel for the applicant, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Molana Karee Irshad, seeking enlargement on bail in Case Crime No. 56 of 2025, under Sections 3, 5(2) of U.P. Prohibition of Unlawful Conversion of Religion Oridinance, 2021, Police Station- Dhampur, District- Bijnor. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 09.02.2025. Learned counsel for the applicant submits that no credible evidence has been found in order to establish applicant's complicity in this case. Nothing incriminating has been recovered from possession of the applicant. As per the counter affidavit filed by learned AGA, the victim/informant's son has neither changed his religion nor has any grievance with any one. The applicant has criminal antecedent of one case and the same is duly explained in the supplementary affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Molana Karee Irshad, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 28.4.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad