Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31821 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri A. Kumar Srivastava, learned counsel for the applicants as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record.
3. Applicants seek bail in Case Crime No. 636 of 2025, under Sections 62(2), 109(1), 115(2), 352, 3(5) B.N.S. and Section 3(1), 5(1) of UP Prohibition of Unlawful Conversion Religion Act, 2021, Police Station- Kotwali Shaher, District- Bijnor, during the pendency of trial.
4. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence. The victim is a consenting party as far as the co-accused person Tariq is concerned and she has categorically denied being forced to conversion, as such, it is a clear cut case of false implication.
5. It is further argued by learned counsel for the applicants that there is no criminal antecedent of the applicants. The applicants are languishing in jail since 27.7.2025 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. Versus Counsel for Applicant(s) : A Kumar Srivastava, Govind Kumar Singh Counsel for Opposite Party(s) : G.A. Nadeem And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
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 statement of the victim recorded U/s 183 BNSS, whereby she has categorically denied being forced to conversion, 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- Nadeem and Nasreen, who are 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 25, 2025 Vikas Verma BAIL No. 31821 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad