Julfikar v. State of U.P.). The order is quoted hereinbelow

1. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record.

2. This application has been filed seeking anticipatory bail in Case Crime No.718 of 2022, under sections 323, 326, 120B I.P.C., and 75/80 Juvenile Justice Act and 3/5 UP Law Against Religion Prohibition of Conversion Act, P.S. Kavinagar, District Ghaziabad.

3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. During the course of investigation the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 8.9.2022 passed in Criminal Misc. Anticipatory Bail Application No. 7968 of 2022 (Julfikar vs. State of U.P.). The order is quoted hereinbelow: "Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record. The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending his arrest in connection with Case Crime No.718 of 2022, under Sections 323, 326, 120-B IPC, Section 75/80 of the Juvenile Justice Act and Section 3/5 of U.P. Law Against Religion Prohibition of Conversion Act , Police Station- Kavinagar, District- Ghaziabad. It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case. He further submitted that F.I.R. against the applicant was lodged as per information through social media by the the police against the applicant with the allegation that the applicant has converted the religion of the victim/Sonu by adopting correct procedure i.e. writing 'godnama' on a stamp of Rs. 50/- and by cutting the exterior part of penis by sharp edged weapon. Learned counsel for the applicant submitted that the applicant has no concern with the conversion of the religion of the child- Sonu. He also submitted that foster parents Smt. Soni @ Kunni Devi and Mithlesh Yadav has given the child to the applicant and the applicant given the child to Smt. Babli and Umar Mohammad. Smt. Babli has been granted anticipatory bail by the court below and co-accused Umar Mohammad has been granted regular bail. Further submission is that the applicant shall fully cooperate with the investigation. Therefore the applicant may be enlarged on anticipatory bail and he is ready to cooperate with the trial. If the applicant is granted anticipatory bail, he will never misuse the same. Learned A.G.A. opposed the prayer for anticipatory bail. Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that the applicant is entitled to be released on anticipatory bail in this case. In the event of arrest of the applicant Julfikar shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) 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 them from disclosing such facts to the Court or to any police office; (iii) the applicant shall not leave India without the previous permission of the Court and if the applicant has passport the same shall be deposited by the applicant before the S.S.P./S.P. concerned. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. The applicant is directed to produce a certified copy of this order, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The anticipatory bail application is, accordingly, disposed of."

4. Counsel for the applicant submits that pursuant to the order dated 8.9.2022 , the applicant had furnished bail bonds before the S.H.O. concerned and had joined the investigation. The statement of the victim under Section 161 Cr.P.C. has not been recorded during the course of investigation. Further, the necessary ingredients to constitute the alleged offences are not made out. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has not violated or misused the liberty of interim bail. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said liberty.

5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions as recorded in the order dated 8.9.2022 passed in Criminal Misc. Anticipatory Bail Application No. 7968 of 2022 (Julfikar vs. State of U.P.), considering the nature of accusations, antecedents of the applicant and the fact that at this stage, there is no substantive evidence to link the applicant with the offences, further the applicant had cooperated in the investigation, no violation of conditions or misuse of liberty of anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant Julfikar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by his before the concerned court.

8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 13.8.2025 S.S.

1. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record.

2. This application has been filed seeking anticipatory bail in Case Crime No.718 of 2022, under sections 323, 326, 120B I.P.C., and 75/80 Juvenile Justice Act and 3/5 UP Law Against Religion Prohibition of Conversion Act, P.S. Kavinagar, District Ghaziabad.

3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. During the course of investigation the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 8.9.2022 passed in Criminal Misc. Anticipatory Bail Application No. 7968 of 2022 (Julfikar vs. State of U.P.). The order is quoted hereinbelow: "Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record. The present anticipatory bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the accused-applicant is apprehending his arrest in connection with Case Crime No.718 of 2022, under Sections 323, 326, 120-B IPC, Section 75/80 of the Juvenile Justice Act and Section 3/5 of U.P. Law Against Religion Prohibition of Conversion Act , Police Station- Kavinagar, District- Ghaziabad. It is contended on behalf of the applicant that he is innocent and has been falsely implicated in the present case. He further submitted that F.I.R. against the applicant was lodged as per information through social media by the the police against the applicant with the allegation that the applicant has converted the religion of the victim/Sonu by adopting correct procedure i.e. writing 'godnama' on a stamp of Rs. 50/- and by cutting the exterior part of penis by sharp edged weapon. Learned counsel for the applicant submitted that the applicant has no concern with the conversion of the religion of the child- Sonu. He also submitted that foster parents Smt. Soni @ Kunni Devi and Mithlesh Yadav has given the child to the applicant and the applicant given the child to Smt. Babli and Umar Mohammad. Smt. Babli has been granted anticipatory bail by the court below and co-accused Umar Mohammad has been granted regular bail. Further submission is that the applicant shall fully cooperate with the investigation. Therefore the applicant may be enlarged on anticipatory bail and he is ready to cooperate with the trial. If the applicant is granted anticipatory bail, he will never misuse the same. Learned A.G.A. opposed the prayer for anticipatory bail. Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that the applicant is entitled to be released on anticipatory bail in this case. In the event of arrest of the applicant Julfikar shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) 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 them from disclosing such facts to the Court or to any police office; (iii) the applicant shall not leave India without the previous permission of the Court and if the applicant has passport the same shall be deposited by the applicant before the S.S.P./S.P. concerned. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. The applicant is directed to produce a certified copy of this order, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The anticipatory bail application is, accordingly, disposed of."

4. Counsel for the applicant submits that pursuant to the order dated 8.9.2022 , the applicant had furnished bail bonds before the S.H.O. concerned and had joined the investigation. The statement of the victim under Section 161 Cr.P.C. has not been recorded during the course of investigation. Further, the necessary ingredients to constitute the alleged offences are not made out. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has not violated or misused the liberty of interim bail. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said liberty.

5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions as recorded in the order dated 8.9.2022 passed in Criminal Misc. Anticipatory Bail Application No. 7968 of 2022 (Julfikar vs. State of U.P.), considering the nature of accusations, antecedents of the applicant and the fact that at this stage, there is no substantive evidence to link the applicant with the offences, further the applicant had cooperated in the investigation, no violation of conditions or misuse of liberty of anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant Julfikar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by his before the concerned court.

8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 13.8.2025 S.S.