Aman Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Aman Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Aman on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned (sureties to be verified before issuance of the release order), subject to the conditions that he not tamper with evidence during trial, not pressurize/intimidate prosecution witnesses, and appear before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail; observations made in granting bail not to affect the trial Judge's independent opinion.

Issue for consideration

Whether the applicant Aman, involved in Case Crime No. 79 of 2025 (P.S. Murad Nagar, District Ghaziabad) under Sections 299, 352, 351(2), 3(5) B.N.S. and Sections 3, 5(3) of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, should be released on bail during the pendency of trial.

Court's answer

Taking into consideration that witnesses of fact (informant PW-1 and victim PW-2) have turned hostile during trial, and without expressing any opinion on the merits of the case, the Court held that the applicant has made out a case for bail; the learned A.G.A., though opposing the application, could not dispute the absence of any criminal history of the applicant.

Ratio / Principle

The bail application is allowed and the applicant Aman is ordered to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions, with the sureties to be verified before issuance of the release order.

Key takeaways

Conditions imposed on the released applicant: he shall not tamper with evidence during trial; shall not pressurize/intimidate the prosecution witnesses; and shall appear before the trial court on the date fixed.ratio¶22
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.ratio¶25
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 (merits expressly reserved to the trial court).obiter

Detailed headnote1 paragraphs

BAIL GRANTED — CRIMINAL MISC. BAIL APPLICATION No. 26038 of 2025 (High Court of Judicature at Allahabad, Court No. 67, Krishan Pahal, J., September 15, 2025). Applicant Aman, charged in Case Crime No. 79 of 2025 (P.S. Murad Nagar, District Ghaziabad) under Sections 299, 352, 351(2), 3(5) B.N.S. and Sections 3, 5(3) of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, in custody since 19.2.2025, sought bail during the pendency of trial. During trial the informant (PW-1) and the victim (PW-2) had been examined, had completely resiled from their earlier statements, and had been declared hostile and cross-examined by the public prosecutor; the State Law Officer could not dispute the absence of criminal antecedents. Taking into consideration that witnesses of fact had turned hostile during trial, and without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail and allowed the application, directing release on a personal bond and two sureties each in the like amount (sureties to be verified before issuance of the release order), subject to the conditions that the applicant not tamper with evidence, not pressurize or intimidate prosecution witnesses, and appear before the trial court on dates fixed, breach of any condition being a ground for cancellation of bail. Observations made in granting bail were expressly stated not to affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 26038 of 2025

Aman

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s) : Kumar Dhananjay
Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Kumar Dhananjay, learned counsel for the applicant, Sri Sushil Kumar Shukla, learned State Law Officer for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.79 of 2025, under Sections 299, 352, 351(2), 3(5) B.N.S. and 3, 5(3) of UP Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station- Murad Nagar, DistrictGhaziabad, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant and victim have been examined during trial as PW-1 and PW-2, respectively, and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile.

It is further argued by learned counsel for the applicant that there is no likelihood of conviction of the applicant in the present case. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 19.2.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant

BAIL No. 26038 of 2025

2

and the witnesses have turned hostile.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that witnesses of fact have turned hostile during trial, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Aman , 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.

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed.

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

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.

(Krishan Pahal,J.)

September 15, 2025 Vikas Verma

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad