High Court · 2025

Dr. S. B. Maurya, learned AGA-I for the State-respondent and Shri Vijit Saxena, learned counsel for the informant.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0097 of 2024, under Sections 306, 506 I.P.C. and Sections 3/5(1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Fatehganj East, District Bareilly, during pendency of the trial in the court below.

4. FIR of the present case was lodged on 09.05.2024 against applicant and according to the FIR, daughter of the informant was aged about fifteen years old and for last seven months applicant was harassing her and about one month before, daughter of the informant informed her that applicant forcefully changed her religion and thereafter he is threatening to eliminate her and her brother and on 08.05.2024 applicant after committing rape upon her threw her before the running train due to which, she died.

5. Learned counsel for the applicant submits that totally on the basis of false allegation, applicant has been made accused in the present matter.

6. He further submits that admittedly neither informant nor any other witness could witness the alleged incident of rape and murder and during investigation when it was found actually deceased committed suicide and she was not subjected to rape then case was converted under Section 306 I.P.C.

7. He further submits that when the second statement of the informant was recorded during investigation then she very casually made allegation that due to the harassment of the applicant, her daughter committed suicide.

8. He further submits that except bald and verbal allegation of harassment and torture, there is no other cogent evidence in this regard against the applicant on record.

9. He further submits that as per allegation, however applicant also forcefully changed religion of the deceased but except bald and verbal allegation, there is also no other cogent evidence in this regard against the applicant on record.

10. He further submits that the applicant is having no criminal history and he is in jail in the present matter since 10.05.2024 i.e. for last more than nine months.

11. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit just before her death, deceased had conversation with the applicant on mobile phone and thereafter she was seen by number of witnesses while she was running towards the railway track and therefore, at this stage, it cannot be said that there is no evidence against the applicant.

12. They further submit that applicant also forcefully changed the religion of the deceased but both the counsel could not dispute the fact that except bald and verbal allegation, there is no other cogent evidence in this regard against the applicant on record.

13. They further could not disptue the fact that initially FIR of the present case was lodged under Sections 302, 376 I.P.C. but during investigation, when allegation of rape and murder were found false then case was converted under Section 306 I.P.C.

14. They further could not dispute the fact that applicant is having no criminal history and he is in jail in the present matter since

10.05.2024 i.e. for last more than nine months.

15. I have heard learned counsel for both the parties and perused the record of the case.

16. From the record, it reflects, initially FIR of the present case was lodged against the applicant with regard to rape and murder of the daughter of the informant but subsequently, when it was found that deceased committed suicide and it was not a case of rape and murder then case was converted under Section 306 I.P.C. However, from the record, it reflects, before her death, deceased had conversation with the applicant on phone and thereafter she committed suicide but in view of this Court, merely on the basis of such evidence, at this stage, it cannot be said that due to the abetment of the applicant, she committed suicide.

17. Further, however there is also allegation against the applicant that he forcefully changed the religion of the deceased but except bald and verbal allegation, there is no cogent evidence in this regard against the applicant on record.

18. Further, applicant is having no criminal history and he is in jail in the present matter since 10.05.2024 i.e. for last more than nine months.

19. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

20. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

21. Let the applicant- Fariyad, 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

22. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

23. It 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. Order Date :- 14.2.2025 Zafar MOHAMMAD ZAFAR ANSARI MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad High Court of Judicature at Allahabad

Dr. S. B. Maurya, learned AGA-I for the State-respondent and Shri Vijit Saxena, learned counsel for the informant.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0097 of 2024, under Sections 306, 506 I.P.C. and Sections 3/5(1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Fatehganj East, District Bareilly, during pendency of the trial in the court below.

4. FIR of the present case was lodged on 09.05.2024 against applicant and according to the FIR, daughter of the informant was aged about fifteen years old and for last seven months applicant was harassing her and about one month before, daughter of the informant informed her that applicant forcefully changed her religion and thereafter he is threatening to eliminate her and her brother and on 08.05.2024 applicant after committing rape upon her threw her before the running train due to which, she died.

5. Learned counsel for the applicant submits that totally on the basis of false allegation, applicant has been made accused in the present matter.

6. He further submits that admittedly neither informant nor any other witness could witness the alleged incident of rape and murder and during investigation when it was found actually deceased committed suicide and she was not subjected to rape then case was converted under Section 306 I.P.C.

7. He further submits that when the second statement of the informant was recorded during investigation then she very casually made allegation that due to the harassment of the applicant, her daughter committed suicide.

8. He further submits that except bald and verbal allegation of harassment and torture, there is no other cogent evidence in this regard against the applicant on record.

9. He further submits that as per allegation, however applicant also forcefully changed religion of the deceased but except bald and verbal allegation, there is also no other cogent evidence in this regard against the applicant on record.

10. He further submits that the applicant is having no criminal history and he is in jail in the present matter since 10.05.2024 i.e. for last more than nine months.

11. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit just before her death, deceased had conversation with the applicant on mobile phone and thereafter she was seen by number of witnesses while she was running towards the railway track and therefore, at this stage, it cannot be said that there is no evidence against the applicant.

12. They further submit that applicant also forcefully changed the religion of the deceased but both the counsel could not dispute the fact that except bald and verbal allegation, there is no other cogent evidence in this regard against the applicant on record.

13. They further could not disptue the fact that initially FIR of the present case was lodged under Sections 302, 376 I.P.C. but during investigation, when allegation of rape and murder were found false then case was converted under Section 306 I.P.C.

14. They further could not dispute the fact that applicant is having no criminal history and he is in jail in the present matter since

10.05.2024 i.e. for last more than nine months.

15. I have heard learned counsel for both the parties and perused the record of the case.

16. From the record, it reflects, initially FIR of the present case was lodged against the applicant with regard to rape and murder of the daughter of the informant but subsequently, when it was found that deceased committed suicide and it was not a case of rape and murder then case was converted under Section 306 I.P.C. However, from the record, it reflects, before her death, deceased had conversation with the applicant on phone and thereafter she committed suicide but in view of this Court, merely on the basis of such evidence, at this stage, it cannot be said that due to the abetment of the applicant, she committed suicide.

17. Further, however there is also allegation against the applicant that he forcefully changed the religion of the deceased but except bald and verbal allegation, there is no cogent evidence in this regard against the applicant on record.

18. Further, applicant is having no criminal history and he is in jail in the present matter since 10.05.2024 i.e. for last more than nine months.

19. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

20. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

21. Let the applicant- Fariyad, 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

22. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

23. It 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. Order Date :- 14.2.2025 Zafar MOHAMMAD ZAFAR ANSARI MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad High Court of Judicature at Allahabad