Anees Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:5952

Court No. - 14

Case :- CRIMINAL APPEAL No. - 3664 of 2024

Appellant :- Anees Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Appellant :- Rashmi Pandey Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Notice to the informant has been served, as per report of C.J.M.

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This criminal appeal under Section 14-A(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 05.10.2024 and 05.11.2024 passed by the learned Special Judge S.C./S.T. Act, Barabanki.

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Heard learned counsel for the appellant, as well as the learned AGA and perused the entire record.

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It is submitted by the learned counsel for the appellant that he is innocent and has been falsely implicated by the informant herself for establishing physical relation on the pretext of marriage though both of them were already married. It is further submitted that the relation between the appellant and the victim were continuing for the period of six years and when some dispute arose, the present F.I.R was lodged with false allegation. It is further submitted that the appellant is in jail since 29.09.2024 having no any criminal antecedent except an F.I.R on the part of his wife. Since the victim was major and consensual, therefore, no case is made out under BNS and the Court below while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court.

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Learned AGA opposed the prayer for bail.

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I have considered the rival submissions made by the learned counsel for both the parties and have gone through the entire record including the impugned order carefully.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, period of appellant remained in jail, this Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let the appellant- Anees, involved in Case Crime No. 349 of 2024, under Sections 69, 352, 351(2) BNS and Section 3(2)(V) SC/ST Act and Section- 3, 5(1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 P.S. Baddupur, District Barabanki 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. Further, before issuing the release order, the sureties be verified.

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The appellant will not tamper with the evidence during the trial.

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The appellant will not pressurise/ intimidate the prosecution witness.

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The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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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.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 28.1.2025 GS

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Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad, Lucknow Bench

Anees v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

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