Haseen Khan v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7710 of 2023 Applicant :- Haseen Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sushil Kumar Misra,Arti Ganguly,Hemant Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶1Heard learned counsel for applicant and learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant seeking bail in case crime no. 188 of 2023, under section 506 I.P.C. and section 3, 5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 at Police Station-Bangarmau, District-Unnao.

¶3As per the prosecution case, the daughter of the first informant was put under undue influence and was brain washed by one Haseeb Khan. When they protested, first informant's son was thrashed. He abducted his daughter with the assistance of his family members.

¶4It is contended on behalf of the applicant that he has been dragged in the matter just because he happens to be the father of the main accused-Haseeb Khan. The main accused-Haseeb Khan has been granted bail by a coordinate Bench of this court in Criminal Misc. Bail Application No. 11193 of 2023 vide order dated 15.09.2023. It is further contended that the real story is that the first informant's daughter was in relationship with main accused-Haseeb Khan and her father was not happy with this relationship, therefore to exert pressure, the accused has also been dragged in this matter. The applicant is in custody since 15.05.2023 and he has no criminal history.

¶5The application for bail is opposed by learned A.G.A., however it is conceded that the applicant has no criminal history prior to this case; the applicant is in custody since last more than 6 months now and the main accused person has already been granted bail by a co-ordinate Bench of this court.

¶6I considered the nature of allegation, evidence proposed and all other facts and circumstances of the case including explanatory defence offered by the applicant. In my view, a case for bail is made out.

¶7Let applicant -Haseen Khan be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not temper with evidence/witnesses.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) hearing/framing of charge and (b) recording of statement under Section 313 Cr.P.C. without exception.

(iv) It is further provided that before issuing the release order, present and permanent address of the accused as well as sureties shall also be duly verified and the applicant shall submit undertaking that he shall not change his address without prior intimation to the court concerned.

¶8Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order.

¶9It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 20.11.2023 *Vikram* High Court of Judicature at Allahabad, Lucknow Bench