High Court · 2025

1. Heard Sri Anand Dubey, learned counsel for the applicant, Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State and Sri Surya Prakash Singh, learned counsel, who has filed short counter affidavit alongwith his Vakalatnama on behalf of complainant, same is taken on record.

2. Sri Anand Dubey, learned counsel for the applicant has filed supplementary affidavit explaining the criminal history of the present applicant, same is also taken on record.

3. As per learned counsel for the applicant, the present applicant is languishing in jail since 28.04.2025 in Case Crime No.0098 of 2025, under Sections 109(1), 70(1), 351(3), 115(2), 318(4), 319(2) of B.N.S., 2023 and Section 3 & 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station- Cantt. District-Ayodhya/Faizabad. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. Attention has been drawn towards the impugned FIR, wherein, the allegation of gang rape has been levelled against the present applicant as well as against co-accused Shafi and Oloo. Further allegation has been levelled that the accused persons have forced the complainant/prosecutrix to convert into Islam inasmuch as the present applicant is the husband of the prosecutrix, whereas the prosecutrix belongs to Hindu religion. The other co-accused Shafi and Oloo as well as four others have forced her to convert into Islam.

5. Learned counsel for the applicant has stated that the aforesaid allegation relating to gang rape and forceful conversion is wrong and misconceived so far as the present applicant is concerned inasmuch as the present applicant has never forced his wife, who is prosecutrix, to convert into Islam but he himself has converted into Hindu religion. Sri Dubey has stated that co-accused Shafi and Oloo being a remote relative of him have deceitfully committed rape with his wife and he will take legal action against both the aforesaid co-accused persons. Sri Dubey has also stated that other persons, who have though tried to convince the prosecutrix to convert into Islam but he himself helped his wife saying that you need not to convert into Islam but he will be converted into Hindu religion. Sri Dubey has stated that the aforesaid fact may be verified from the complainant/prosecutrix as she is present in the Court today.

6. On the aforesaid submission of Sri Dubey, the Court called the complainant/prosecutrix, who is present in the Court and as asked the aforesaid submission of Sri Dubey, she has specifically and categorically informed the Court that the aforesaid submission of Sri Dubey, so far as the role of her husband is concerned, is absolutely correct. She has stated that her husband has neither forced her to convert into Islam nor called co-accused persons Shafi and Oloo to commit rape with his wife but they have committed rape in a deceitful manner. She has stated that she has no grievance of any kind whatsoever against her husband but the allegation so levelled against her husband, has been levelled on the ill advice and suggestion of some police personnel. She has specifically stated that co- accused Shafi and Oloo have committed gang rape with her and for that offence she with the help of her husband will not spare them and shall take legal action. She has also stated that since she is a married wife of the present applicant and from their wedlock they have blessed with two children i.e. one male and one female so she is willing to live with him as husband and wife.

7. Sri Anand Dubey has stated that the present applicant undertakes that he look-after her properly and shall provide all necessary means to her and fulfill her requirement for which any husband is duty bound to do. He further stated that one criminal history of the present applicant has already been explained in the supplementary affidavit. Therefore, if the present applicant is released on bail, he shall not misuse the liberty of bail, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

8. Sri Surya Prakash Singh, learned counsel for the complainant/prosecutrix has also stated complainant/prosecutrix is not levelling any allegation against her husband/present applicant; rather supporting him and she is levelling allegation against co-accused Shafi and Oloo.

9. Learned AGA has stated that since the allegation has been levelled against the present applicant, besides other co-accused persons, therefore the present applicant is named in the FIR, but if his wife is supporting him and confining her allegation against the other accused persons, any appropriate order may be passed protecting the interest of the prosecutrix.

10. Having heard learned counsel for the parties and having perused the material available on record; considering the statement of the prosecutrix/complainant, who is present in the Court, wherein, she has specifically and categorically informed the Court that the aforesaid submission of Sri Anand Dubey, so far as the role of her husband is concerned, is absolutely correct, she has stated that her husband has neither forced her to convert into Islam nor called co-accused persons Shafi and Oloo to commit rape with his wife but they have committed rape in a deceitful manner, she has also stated that she has no grievance of any kind whatsoever against her husband but the allegation so levelled against her husband, has been levelled on the ill advice and suggestion of some police personnel, she has specifically stated that co-accused Shafi and Oloo have committed gang rape with her and for that offence she with the help of her husband will not spare them and shall take legal action, she has further stated that since, she is a married wife of the present applicant and from their wedlock they have blessed with two children i.e. one male and one female, so she is willing to live with him as husband and wife, considering the fact that the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

11. Accordingly, the instant bail application is allowed.

12. Let the applicant (Khurshid Alam @ Sani) be released on bail in the aforesaid case crime number on his 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 Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 24.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Anand Dubey, learned counsel for the applicant, Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State and Sri Surya Prakash Singh, learned counsel, who has filed short counter affidavit alongwith his Vakalatnama on behalf of complainant, same is taken on record.

2. Sri Anand Dubey, learned counsel for the applicant has filed supplementary affidavit explaining the criminal history of the present applicant, same is also taken on record.

3. As per learned counsel for the applicant, the present applicant is languishing in jail since 28.04.2025 in Case Crime No.0098 of 2025, under Sections 109(1), 70(1), 351(3), 115(2), 318(4), 319(2) of B.N.S., 2023 and Section 3 & 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station- Cantt. District-Ayodhya/Faizabad. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. Attention has been drawn towards the impugned FIR, wherein, the allegation of gang rape has been levelled against the present applicant as well as against co-accused Shafi and Oloo. Further allegation has been levelled that the accused persons have forced the complainant/prosecutrix to convert into Islam inasmuch as the present applicant is the husband of the prosecutrix, whereas the prosecutrix belongs to Hindu religion. The other co-accused Shafi and Oloo as well as four others have forced her to convert into Islam.

5. Learned counsel for the applicant has stated that the aforesaid allegation relating to gang rape and forceful conversion is wrong and misconceived so far as the present applicant is concerned inasmuch as the present applicant has never forced his wife, who is prosecutrix, to convert into Islam but he himself has converted into Hindu religion. Sri Dubey has stated that co-accused Shafi and Oloo being a remote relative of him have deceitfully committed rape with his wife and he will take legal action against both the aforesaid co-accused persons. Sri Dubey has also stated that other persons, who have though tried to convince the prosecutrix to convert into Islam but he himself helped his wife saying that you need not to convert into Islam but he will be converted into Hindu religion. Sri Dubey has stated that the aforesaid fact may be verified from the complainant/prosecutrix as she is present in the Court today.

6. On the aforesaid submission of Sri Dubey, the Court called the complainant/prosecutrix, who is present in the Court and as asked the aforesaid submission of Sri Dubey, she has specifically and categorically informed the Court that the aforesaid submission of Sri Dubey, so far as the role of her husband is concerned, is absolutely correct. She has stated that her husband has neither forced her to convert into Islam nor called co-accused persons Shafi and Oloo to commit rape with his wife but they have committed rape in a deceitful manner. She has stated that she has no grievance of any kind whatsoever against her husband but the allegation so levelled against her husband, has been levelled on the ill advice and suggestion of some police personnel. She has specifically stated that co- accused Shafi and Oloo have committed gang rape with her and for that offence she with the help of her husband will not spare them and shall take legal action. She has also stated that since she is a married wife of the present applicant and from their wedlock they have blessed with two children i.e. one male and one female so she is willing to live with him as husband and wife.

7. Sri Anand Dubey has stated that the present applicant undertakes that he look-after her properly and shall provide all necessary means to her and fulfill her requirement for which any husband is duty bound to do. He further stated that one criminal history of the present applicant has already been explained in the supplementary affidavit. Therefore, if the present applicant is released on bail, he shall not misuse the liberty of bail, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

8. Sri Surya Prakash Singh, learned counsel for the complainant/prosecutrix has also stated complainant/prosecutrix is not levelling any allegation against her husband/present applicant; rather supporting him and she is levelling allegation against co-accused Shafi and Oloo.

9. Learned AGA has stated that since the allegation has been levelled against the present applicant, besides other co-accused persons, therefore the present applicant is named in the FIR, but if his wife is supporting him and confining her allegation against the other accused persons, any appropriate order may be passed protecting the interest of the prosecutrix.

10. Having heard learned counsel for the parties and having perused the material available on record; considering the statement of the prosecutrix/complainant, who is present in the Court, wherein, she has specifically and categorically informed the Court that the aforesaid submission of Sri Anand Dubey, so far as the role of her husband is concerned, is absolutely correct, she has stated that her husband has neither forced her to convert into Islam nor called co-accused persons Shafi and Oloo to commit rape with his wife but they have committed rape in a deceitful manner, she has also stated that she has no grievance of any kind whatsoever against her husband but the allegation so levelled against her husband, has been levelled on the ill advice and suggestion of some police personnel, she has specifically stated that co-accused Shafi and Oloo have committed gang rape with her and for that offence she with the help of her husband will not spare them and shall take legal action, she has further stated that since, she is a married wife of the present applicant and from their wedlock they have blessed with two children i.e. one male and one female, so she is willing to live with him as husband and wife, considering the fact that the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

11. Accordingly, the instant bail application is allowed.

12. Let the applicant (Khurshid Alam @ Sani) be released on bail in the aforesaid case crime number on his 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 Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 24.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench