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2025 DAILYLAW 84706 (ALL)

ISTYAK v. STATE OF U.P.

BAIL/27547/2025 · 2025-09-25

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27547 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sunil Vashisth, holding brief of Sri Arun Kumar Bajpai, learned counsel for the applicant and Sri Manvendra Singh, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 114 of 2025, under Sections 74, 75(2), 352, 351(2) of BNS and Section 3/5 of Prohibition of Unlawful Religion Conversion Act, Police Station Ghosh, District Fatehpur, 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. He has nothing to do with the said offence. 5. Learned counsel has next stated that the allegations are per se false. The allegations have been escalated in the statement of the victim recorded under section 183 BNSS to that of having forced the victim to conversion. There is no evidence to corroborate the said allegation. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 10.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Arun Kumar Bajpai Counsel for Opposite Party(s) : G.A., Manvendra Singh, Prabhat Chandra Sahoo Istyak .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Istyak, 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 shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. September 26, 2025 Sumit S BAIL No. 27547 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad