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Neutral Citation No. - 2025:AHC:82380 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13830 of 2025 Applicant :- Husne Aara And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rudra Kant Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Rudra Kant Mishra, learned counsel for the applicants and Shri Arimardan Yadav, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicants Husne Aara and Jahanyara @ Jahanara, with a prayer to release them on bail in Case Crime No. 175 of 2023, registered under Sections 366, 344 I.P.C. & Section 3(5)(1) of the U.P. Prohibition of Unlawful Conversation of Religion Act, 2021, Police Station Duddhi, District Sonbhadra during pendency of the trial.
3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. The applicants are languishing in jail since 24.01.2025. Learned counsel for the applicants submits that the applicants have been falsely implicated only for the reason being sisters of the main accused Afroz. It has been further submitted that only the allegation levelled against the applicants is of locking the victim in room. The victim has not taken the name of the applicants in her statements under Section 161 as well as 164 Cr.P.C. The allegation of conversion of religion is leveled against the main accused Afroz. Learned counsel for the applicants next submitted that co-accused Usman Shah @ Kallu and the main accused Afroz has been granted bail by this Court in Criminal Misc. Bail Application Nos. 7614 of 2024 and 20826 of 2024, by orders dated 05.03.2024 and 29.07.2024. Applicants have no criminal antecedents. In case, the applicants are released on bail, they will not misuse the liberty of bail and co-operate in trial.
4. Learned A.G.A. has opposed the bail prayer of the applicants.
5. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into
consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed.
6. Let the applicants, Husne Aara and Jahanyara @ Jahanara, who are involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad