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Neutral Citation No. - 2025:AHC:131786 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36007 of 2024 Applicant :- Mohammad Arman Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. Heard Sri Upendra Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been moved by the applicant- accused-Mohammad Arman, seeking bail in Case Crime No. 395 of 2024, under Sections 498-A, 323, 504, 506 I.P.C. and 3, 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Bhojipura, District Bareilly. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case by the informant, Suman alias Zoya, on the pretext that she was already married to a person and without divorce was shown to have entered into relations with accused-applicant. The charge-sheet is submitted, but the trial has not concluded so far. The accused did not marry the informant and she has merely made allegations that the accused has converted her religion, though she was having a six years' old son. The statement of the informant has been recorded under Section 161 Cr.P.C. which clarifies that she was already married and without divorce from first husband, she is stated to have married with accused. The accused-applicant is in jail since 19.06.2024. As such, he prays that the accused/applicant be enlarged on bail. 4. Per contra, learned AGA, Sri Sunil Kumar submits that there is specific allegation of the informant that her religion has forcibly been changed. There is no document of the conversion on record, though the charge-sheet is submitted against the applicant on
18.08.2024. The accused does not have any criminal history. 5. This Court has taken into consideration the rival submissions made by the parties and perused the record. 6. The perusal of the records, prima facie, reveals that the informant has married accused on 30.03.2024 after the alleged conversion, of which no document is there on record. Informant, at the time of marriage, was already married having six years' old son and there is mention that in an accident, she lost one leg and got compensation of Rs. 15 lacs. The charge-sheet is filed against the applicant on 18.08.2024.
The offence of matrimonial dispute is also figured out in the F.I.R. Other co-accused have already been granted bail. The accused is languishing in jail since 19.06.2024. 7. Without touching the merit of the case, this bail application is allowed. 8. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 5.8.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad