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2025 DAILYLAW 90615 (ALL)

MUNAVVAR SHEKH v. STATE OF U.P.

BAIL/29992/2025 · 2025-09-15

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29992 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Ms. Ghazala Bano Quadri and Sri Maseeh Uddin, learned counsels for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.164 of 2025, under Sections 191(2), 115(2), 118(1), 333, 352, 351(2), 309(4) B.N.S. and 3, 5(3) of UP Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station- Rajatalab, District- Varanasi, 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. The applicant is not named in the FIR. The allegations made in the FIR are vague and without any basis rather it as the injured person and informant who were the aggressor and had entered the house of the applicant. 5. It is further argued by learned counsel for the applicant that the injuries sustained by the injured person are not grievous in nature. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 29.7.2025 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) : Ghazala Bano Quadri, Maseeh Uddin Counsel for Opposite Party(s) : G.A. Munavvar Shekh .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Per contra, learned A.G.A. has vehemently opposed the bail application. 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 applicant is not named in the FIR and the injuries sustained by the injured person are simple in nature, 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- Munavvar Shekh, 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 evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 16, 2025 Vikas Verma BAIL No. 29992 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad