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2025 DAILYLAW 93069 (ALL)

RIJWAN AND 2 OTHERS v. STATE OF U.P.

BAIL/30700/2025 · 2025-09-15

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30700 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ghazala Bano Quadri assisted by Sri Maseeh Uddin, learned counsel for the applicants, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No. 164 of 2025, under Sections 191(2), 115(2), 118(1), 333, 352, 351(2), 309(4) BNS and Section 3, 5(3) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station- Rajatalab, District- Varanasi, during the pendency of trial. 4. Learned counsel for the applicants has argued that the applicants are absolutely innocent and has been falsely implicated in the present case. They have nothing to do with the said offence. The applicants are not named in the FIR. The allegations made in the FIR are vague and without any basis rather it was 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 applicants that the injuries sustained by the injured person are not grievous in nature. There is no criminal antecedent of the applicants. The applicants are languishing in jail since 29.07.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 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 Versus Counsel for Applicant(s) : Ghazala Bano Quadri, Maseeh Uddin Counsel for Opposite Party(s) : Rijwan And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties, the evidence on record, taking into consideration the fact that applicants are 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 applicants have made out a case for bail. The bail application is allowed. 8. Let the applicants- Rijwan, Warish and Salamuddin, who is involved in aforementioned 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. Further, before issuing the release order, the sureties be verified. (i) The applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants 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 applicants 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 Karan BAIL No. 30700 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad