Tushar @ Saleem Vs State of U.P. and Another

As per office report, notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal.

¶12

Heard learned counsel for appellant and the learned AGA for State.

¶13

This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Tushar @ Saleem with the prayer to allow the appeal, set aside the bail rejection order dated 3.7.2025 passed by Learned Special Judge (SC/ST Act)/Additional Session Judge, Ghaziabad in Case Crime No.239 of 2025, under Sections 115(2), 352, 351(3), 324(4), 316(2), 318(2), 69 BNS and 3/5(1) U.P. Prohibition of Unlawful Conversion of Religion Act and 3(2)(5) of SC/ST Act, at Police Station Kotwali, District Ghaziabad.

¶14

Learned counsel for appellant has submitted that the appellant and victim were having consensual relationship. When their relations turned sour, she made a false allegations against the appellant that she was duped by appellant who presented himself to be Hindu boy. It was further submitted that when victim proposed to marry with appellant, appellant asked her to convert her religion. Allegation against appellant was made by victim only because appellant refused to get married with the victim. Hence, the appellant is entitled for bail.

¶15

Learned AGA has submitted that appellant approached the victim with

¶16

CRLA No. 6990 of 2025

¶17

2

¶18

fake identity claiming himself as Hindu wherein he was Muslim. Therefore, appellant is not entitled for bail.

¶19

I have considered the rival submissions so made and have gone through the entire record.

¶20

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, the Court is of the opinion that the appellants have made out a case for bail.

¶21

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

¶22

Let the appellant- Tushar @ Saleem involved in Case Crime No.239 of 2025, under Sections 115(2), 352, 351(3), 324(4), 316(2), 318(2), 69 BNS and 3/5(1) U.P. Prohibition of Unlawful Conversion of Religion Act and 3(2)(5) of SC/ST Act, at Police Station Kotwali, District Ghaziabad , 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.

¶23

(i) The appellant will not tamper with the evidence during the trial.

¶24

(ii) The appellant will not pressurize/ intimidate the prosecution witness.

¶25

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

¶26

(iv) 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.

¶27

(v) 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.

¶28

In case of breach of any of the above conditions, the concerned Court shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted.

¶29

October 15, 2025 Mukesh

¶30

(Anil Kumar-X,J.)

¶31

Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad

Tushar @ Saleem v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Tushar @ Saleem v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases