HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29972 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. List revised. Heard Sri Rajrshi Gupta, learned counsel along with Mohd. Akif, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and Sri Arvind Kumar Srivastava, learned counsel for the first informant and Sri Riyaan Bhola, learned counsel for the complainant/first informant through video conferencing. Supplementary counter affidavit filed today is taken on record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 425 of 2026, under Sections 69, 75, 76, 77, 115(2), 351(3) BNS and Section 3/5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, Police Station Indirapuram, District Trans Hindon (Commissionerate Ghaziabad), during the pendency of the trial. 3. It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is next submitted that the first incident took place in the year 2022 and thereafter the applicant and the victim remained in consensual relationship and the applicant used to give sufficient amount to the victim for her proper maintenance, however, due to some financial constraint the applicant has not been able to pay hefty amount as demanded by the victim for her maintenance, therefore, present FIR has been lodged. It is further submitted that on perusal of the contents of the FIR as well as the statement of the victim recorded under Sections 180 and 183 BNSS, it Versus Counsel for Applicant(s) : Mohd. Akif, Rajrshi Gupta Counsel for Opposite Party(s) : Archana Srivastava, Arvind Kumar Srivastava, G.A. Vivek Pathan .....Applicant(s) State of U.P. .....Opposite Party(s) appears that she is a consenting party. It is also submitted that the applicant has been languishing in jail since 22.5.2026 and he is having no criminal history. It is lastly submitted that in case the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the first informant/complainant appearing through Video Conferencing has vehemently opposed the prayer for bail and it is submitted that the applicant usually travels to Dubai and if he is granted bail in the present case, he may not be able to face trial and he may escape and he is flight risk. It is further submitted that the applicant has spoiled the life of the victim as he is already married and he is having children and the victim did not know about his marriage and having children, therefore, she came in consensual relationship with him. It is also submitted that the applicant has numerous love affairs with other girls/lady and he is spoiling their lives also. It is further submitted that the victim has given birth to a child and both the victim and her child have been left in lurch and the applicant has not been taking care of them. It is further submitted that the applicant used to exert pressure on the victim to get her religion converted from Hinduism to Islam and he also used to exert pressure on her to read kalma. 5. Learned counsel for the first informant appearing physically has adopted the same arguments as advanced by the learned counsel for the complainant/first informant through Video Conferencing. 6. Learned A.G.A. has also opposed the prayer for bail. 7. The first incident is said to have taken place in the year 2022 and thereafter the applicant and the victim came in consensual relationship for the last four years. The victim is a major lady and it is submitted that on perusal of the contents of the FIR as well as the statement of the victim recorded under Sections 180 and 183 BNSS, it appears that she is a consenting party, however, the victim has stated that she was forced to get her religion converted from Hinduism to Islam by the applicant. Chargesheet has already been submitted. It is submitted by the learned counsel for the first informant that the applicant may not be able to face BAIL No. 29972 of 2026 2 trial and he is flight risk as he usually travels to Dubai. The applicant has been languishing in jail since 22.5.2026 and he is having no criminal history. 8. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 9. Accordingly, the present application is ALLOWED. 10. Let the applicant- Vivek Pathan involved in the aforementioned crime be released on bail, on his furnishing a personal bond of Rs. 2,00,000/- and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. (v) The applicant shall deposit his passport to the court concerned and he will not travel abroad without the permission of the Court. BAIL No. 29972 of 2026 3 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 13. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 14. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. September 23, 2026 Abhishek BAIL No. 29972 of 2026 4 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad