Peer Mohammad v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22588 of 2026 Court No. - 68 (Sl. No. 57 out of 115) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised. As informed by learned AGA, notice to the informant has been served on 7.7.2026 but none is present on behalf of the informant.

¶2Heard Sri Raman Pandey, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 110 of 2026, under Sections 137(2), 87, 75(2), 352, 351(3) of BNS, 7/8 & 16/17 of POCSO Act and 3/4 of U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station - Munderwa, District - Basti, during the pendency of trial.

¶4Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant has no nexus with the alleged offence. It is submitted that the victim is a consenting party, as is evident from the facts and circumstances of the case. Attention has been drawn to the fact that no incriminating video has been recovered from the possession of the applicant, and the recovery of three photographs has been foisted upon him. Even otherwise, a perusal of the said photographs indicates mutual consent. Learned counsel further submits that the applicant did not coerce the victim into religious conversion, and it was the applicant who was assaulted by the family members of the victim, which stands fortified by his medical injury report.

¶5Learned counsel further submitted that the applicant has no criminal history to his credit and has been languishing in judicial custody since Versus Counsel for Applicant(s) : Raman Pandey Counsel for Opposite Party(s) : G.A. Peer Mohammad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)

06.05.2026. Learned counsel assures that in the event the applicant is released on bail, he will not misuse the liberty of bail and shall fully cooperate with the trial proceedings.

¶6Per contra, learned AGA has vehemently opposed the bail application, contending that the applicant coerced the victim to convert to Islam, besides threatening and assaulting her. It is further submitted that the victim, in her statement, has categorically alleged that the applicant forcibly captured her photographs and videos. Attention has also been drawn to the recovery of three indecent photographs of the victim with the applicant from his possession.

¶7Considering the facts and circumstances of the case, the submissions advanced by the learned counsel for the parties, and particularly taking into consideration the nature and gravity of the allegations along with the recovery of three indecent photographs of the victim from the possession of the applicant, this Court does not find it a fit case to release the applicant on bail.

¶8The bail application is, accordingly, rejected.

¶9However, the Trial Court is directed to decide the aforesaid case expeditiously, in accordance with law, if there is no legal impediment.

¶10It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

¶11The Registrar (Compliance) is directed to communicate this order to the Trial Court concerned forthwith for necessary information and compliance. September 17, 2026 Siddhant BAIL No. 22588 of 2026 (Krishan Pahal,J.) High Court of Judicature at Allahabad