Abdul Rahman Alias Nanni v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48915 of 2023 Applicant :- Abdul Rahman Alias Nanni Opposite Party :- State of U.P. Counsel for Applicant :- Chandrakesh Mishra,Abhishek Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned Counsel for the applicant, Sri P.K. Giri, learned Additional Advocate General for the State and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 434 of 2023, under Section 3, 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station-Kavinagar, District-Ghaziabad during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case owing to certain other dispute between the parties. The applicant is not a preacher of Islam and nor an expert of Islam. The applicant neither persuaded nor converted any individual to another faith. At this stage there is no cogent evidence to link the applicant with the offence. The applicant does not have any criminal history. The applicant is in jail since 5.3.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that there is no material in the FIR, whatsapp chat or call details report of mobile phone of the victim to suggest the presence of misrepresentation, force, undue influence, coercion, allurement or fraudulent means which are sine qua non for invoking section 3 of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021. The applicant has no criminal antecedents. Further the applicant has presently remained confined for almost nine months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Abdul Rahman @ Nanni involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 2.12.2023 S.S. High Court of Judicature at Allahabad