Mohd. Azam Jaidi vs State of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko — Allahabad HC (2025) — LawSathi Research

Mohd. Azam Jaidi vs State of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed; applicant Mohd. Azam Jaidi to be released on bail in Case Crime No. 803 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) he shall not tamper with the prosecution evidence; (ii) he shall not pressurize the prosecution witnesses; (iii) he shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant Mohd. Azam Jaidi should be enlarged on bail in Case Crime No. 803 of 2024 under Sections 498-A/323/504/506/376 IPC, 3/4 Muslim Women (Protection of Right on Marriage) Act and 3/5(1) U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station Kotwali Nagar, District Barabanki.

Court's answer

Prima facie the FIR was lodged because of a matrimonial dispute between the parties, having regard to the relationship subsisting since 2016 (informant then aged 22 and mature), the marriage in September 2016, the daughter born in 2017 and cohabitation till 02.01.2024.

Ratio / Principle

The aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Detailed headnote1 paragraphs

Bail granted — Mohd. Azam Jaidi released on bail in Case Crime No. 803 of 2024 (Sections 498-A/323/504/506/376 IPC; 3/4 Muslim Women (Protection of Right on Marriage) Act; 3/5(1) U.P. Prohibition of Unlawful Conversion of Religion Act), Police Station Kotwali Nagar, District Barabanki. FIR dated 13.09.2024, lodged via a Section 156(3) Cr.P.C. application, alleged a relationship with the applicant from January 2016 (informant then aged 22), forcible physical relations after alleged misrepresentation of religion, marriage in September 2016, birth of a daughter in 2017, abandonment on 02.01.2024 and Talak given thrice in January, February and March 2024. The court held that prima facie the FIR arose out of a matrimonial dispute and that the facts were sufficient to enlarge the applicant on bail; release ordered on a personal bond and two sureties, with conditions against tampering with evidence, pressurizing witnesses, requiring appearance on all trial dates. Single Judge: Subhash Vidyarthi, J.; order dated 07.03.2025.

Neutral Citation No. - 2025:AHC-LKO:14084

Court No. - 29

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11355 of 2024

Applicant :- Mohd. Azam Jaidi

Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Farooq Ayoob,Mansi Gupta Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Ms. Mansi Gupta, learned counsel for the applicant, Shri Ran Vijay Singh, the learned AGA appearing for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 803 of 2024, under Sections 498-A/323/504/506/376 IPC and 3/4 Muslim Women (Protection of Right on Marriage) Act & 3/5(1) of U.P. Prohibition of unlawful conversion of Religion Act registered at Police Station- Kotwali Nagar, District-Barabanki.

The aforesaid case has been registered on the basis of F.I.R. lodged on 13.09.2024 on the basis of an application under Section 156(3) Cr.P.C. filed by the informant, alleging that the informant had developed a loving relationship with the applicant. While the informant was aged 22 years, in January 2016, the applicant insisted upon her to make physical relations whereupon the informant came to know that the applicant had wrongly projected himself as Hindu whereas he is a Muslim. Upon this, she declined to make physical relations with the applicant but the applicant forcibly made physical relations with her. He repetitively did so and when the informant got pregnant, the applicant married her in September 2016. The informant delivered a daughter in the year 2017. The applicant left the informant and her daughter on 02.01.2024 and gave her Talak thrice in the month of January, February and March 2024.

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

Learned A.G.A. has vehemently opposed the bail application but he could not dispute the aforesaid facts of the case.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant was in a relationship with the applicant since the year 2016 while she was aged 22 years and she was mature enough to understand the repercussions of her actions; the informant had married the applicant in the September 2016 and had delivered a daughter in the year 2017 and the parties resided together till 02.01.2024, prima facie it appears that the FIR was lodged because of certain matrimonial dispute between the parties, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant- Mohd. Azam Jaidi be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

[Subhash Vidyarthi, J.]

Order Date :- 7.3.2025 -Amit K-

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench