Azad Ansari Vs State of U.P.

Neutral Citation No. - 2025:AHC:68379

Court No. - 36

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14138 of 2025

Applicant :- Azad Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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This is second bail application. The first bail application was rejected by this Court vide order dated 5.12.2024 passed in Criminal Misc. Bail Application No. 40412 of 2024.

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Heard Mr. Rahul Kumar Pandey, learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the material available on record.

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1. This bail application has been moved on behalf of the applicant Azad Ansari who is involved in Case Crime No. 358 of 2024, under Sections 87, 64, 351(2), 352 B.N.S. and Section 3/5(1) Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021, Police Station Vishunpura, District Kushinagar during pendency of the trial.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the impugned FIR. As per allegation, when the victim was going to school along with her younger sister, on the way three unknown person along with applicant met her and forcibly sat the victim on his vehicle and pushed down her younger daughter. The victim is a major lady. He submits that as per statement of the victim recorded under Section 180 BNSS, the applicant is of her village and she is known to the applicant since one year and she fell in love with the application. As per statement of the victim recorded under Section 183 BNSS, the applicant is her friend on 24.8.2024 both went to Patna and stayed there for 10 days in a hotel and when they came to know that a case has been registered then they came back and the applicant has done

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nothing wrong with her. He submits that the applicant has never forced the victim to convert her religion. The victim herself has refused for the medical examination. Learned counsel for the applicant further submits that trial has started and P.W.1, who is the informant (mother of the victim) and P.W.2, who is victim herself, have turned hostile before the court below. He further submits that there are 10 witnesses in the charge sheet and till date, only two witnesses i.e. P.W.1 & P.W.2 have been examined before the trial Court, therefore, there is no possibility of conclusion of trial in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Lastly, it is argued that the applicant is languishing in jail since 9.9.2024 having no previous criminal history.

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Learned A.G.A has vehemently opposed the prayer for grant of bail but he has not disputed the above submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let the applicant- Azad Ansari , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

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(ii) The applicant shall remain present before the Trial Court

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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 269 BNSS.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS, may be issued and if 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 209 BNSS.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS. 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.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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With the above observation/direction, the instant bail application is allowed .

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Order Date :- 1.5.2025 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Azad Ansari v. State of U.P.

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