LUCKNOW vs State Of U.P. Thru. Prin. Secy. Home Lko. And

2. Heard Dr. Pooja Singh, Advocate, who appeared alongwith Sri Surya Prakash Tiwari, learned counsel for the appellant and Sri Ajay Kumar Srivastava, learned A.G.A. for the State of U.P. as well as perused the record.

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated

25.03.2025 passed by Special Judge (SC/ST Act), Pratapgarh in 2nd Bail Application No. 596 of 2025, arising out of FIR/Case Crime No. 22 of 2025, under Section- 64(2)M B.N.S., Section- 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 and Section 3(2)(v) of SC/ST Act, Police Station- Fatanpur, District- Pratapgarh.

4. While pressing the present appeal, learned counsel for the appellant submitted that with oblique motive, the FIR in issue i.e. FIR/Case Crime No. 2 CRLA No. 1404 of 2025 22 of 2025 has been lodged by the complainant/opposite party No. 2 at Police Station- Fatanpur, District- Pratapgarh against the appellant making allegations therein so as to attract the offences as indicated under Section- 64(2)M B.N.S. and Section 3(2)(v) of SC/ST Act, as the victim, an adult lady, which is apparent from her date of birth i.e. 01.01.2001 indicated in her High School Certificate, was in love affair with appellant and the victim on her volition left her parental house and solemnized marriage with the appellant, as would appear from statement of victim recorded before the Magistrate concerned in terms of Section 183 B.N.S.S. Reference in this regard has been made to the copy of statement of victim recorded in terms of Section 183 B.N.S.S. annexed as Annexure No. 4 at page 43 of the instant appeal.

5. It is further stated that the fact that the appellant and victim were in love affair is also evident from the copy of statement of victim recorded in terms of Section 180 B.N.S.S. annexed as Annexure No. 3 at page 42 of the instant appeal.

6. It is further submitted that appellant, having no criminal history, is languishing in jail since 31.01.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.

7. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant.

8. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record.

9. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also the statements of victim recorded in terms of Sections 180 and 183 B.N.S.S. and also that the appellant is in jail since

31.01.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed.

10. Order dated 25.03.2025 passed by Special Judge (SC/ST Act), Pratapgarh in 2nd Bail Application No. 596 of 2025, arising out of FIR/Case Crime No. 22 of 2025, under Section- 64(2)M B.N.S., Section- 3/5(1) of 3 CRLA No. 1404 of 2025 U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 and Section 3(2)(v) of SC/ST Act, Police Station- Fatanpur, District- Pratapgarh is hereby set aside.

11. Let the appellant- Sahid @ Sahid Ali be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (v) The appellant 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

12. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

13. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. September 10, 2025 Arun/- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania,J.)

2. Heard Dr. Pooja Singh, Advocate, who appeared alongwith Sri Surya Prakash Tiwari, learned counsel for the appellant and Sri Ajay Kumar Srivastava, learned A.G.A. for the State of U.P. as well as perused the record.

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated

25.03.2025 passed by Special Judge (SC/ST Act), Pratapgarh in 2nd Bail Application No. 596 of 2025, arising out of FIR/Case Crime No. 22 of 2025, under Section- 64(2)M B.N.S., Section- 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 and Section 3(2)(v) of SC/ST Act, Police Station- Fatanpur, District- Pratapgarh.

4. While pressing the present appeal, learned counsel for the appellant submitted that with oblique motive, the FIR in issue i.e. FIR/Case Crime No. 2 CRLA No. 1404 of 2025 22 of 2025 has been lodged by the complainant/opposite party No. 2 at Police Station- Fatanpur, District- Pratapgarh against the appellant making allegations therein so as to attract the offences as indicated under Section- 64(2)M B.N.S. and Section 3(2)(v) of SC/ST Act, as the victim, an adult lady, which is apparent from her date of birth i.e. 01.01.2001 indicated in her High School Certificate, was in love affair with appellant and the victim on her volition left her parental house and solemnized marriage with the appellant, as would appear from statement of victim recorded before the Magistrate concerned in terms of Section 183 B.N.S.S. Reference in this regard has been made to the copy of statement of victim recorded in terms of Section 183 B.N.S.S. annexed as Annexure No. 4 at page 43 of the instant appeal.

5. It is further stated that the fact that the appellant and victim were in love affair is also evident from the copy of statement of victim recorded in terms of Section 180 B.N.S.S. annexed as Annexure No. 3 at page 42 of the instant appeal.

6. It is further submitted that appellant, having no criminal history, is languishing in jail since 31.01.2025. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.

7. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant.

8. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record.

9. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also the statements of victim recorded in terms of Sections 180 and 183 B.N.S.S. and also that the appellant is in jail since

31.01.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed.

10. Order dated 25.03.2025 passed by Special Judge (SC/ST Act), Pratapgarh in 2nd Bail Application No. 596 of 2025, arising out of FIR/Case Crime No. 22 of 2025, under Section- 64(2)M B.N.S., Section- 3/5(1) of 3 CRLA No. 1404 of 2025 U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 and Section 3(2)(v) of SC/ST Act, Police Station- Fatanpur, District- Pratapgarh is hereby set aside.

11. Let the appellant- Sahid @ Sahid Ali be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (v) The appellant 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

12. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

13. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. September 10, 2025 Arun/- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania,J.)