Naushad Ahmad v. State of U.P. Thru. Prin. Secy. U.P. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12596 of 2023 Applicant :- Naushad Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Lko. Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Anil Kumar Tiwari, the learned counsel for the applicant as well as Sri Manish Kumar Pandey, the learned A.G.A-I for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 38 of 2023, under Section 504, 506 I.P.C and Section 3/5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, registered at Police Station Mahila Thana, District Ayodhya/Faizabad.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

14.07.2023 against (i) Shivam Yadav and, (ii) Khalid Ansari, alleging that the named accused persons had entangled the informant's daughter in a love affair and induced her to convert her religion. The F.I.R further alleged that the named accused persons forcibly committed the misdeed against the informant's daughter.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶5The applicant's name surfaced in the statement of the victim recorded under Section 161 and 164 Cr.P.C, from which it appears that she was in a relationship with one of the named accused person Khalid. Khalid was already married. She stated that she had gone to the house of Khalid where Khalid's wife had slapped her and the applicant had caught hold of her hair. There was no other allegation of any other misdeed committed by the applicant.

¶6The learned counsel for the applicant has submitted that a co-accused person Mohd. Jeeshan, has already been granted bail by means of an order dated

11.10.2023 passed by this Court in Criminal Misc. Bail Application No.12104 of 2023.

¶7The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R and in the statement of the victim recorded under Section 161 and 164 Cr.P.C also, she has not levelled any allegation against the applicant except stating that the applicant has caught hold of her hair when she had gone to the house of the Khalid where his wife had slapped her, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 03.08.2023 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Naushad Ahmad be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 27.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench