Mohd. Jaan vs State of U.P. Thru. Prin. Secy. Home, Lko and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL APPEAL No. - 3207 of 2025

Mohd. Jaan

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home, Lko And Another

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noer	.....Respondent(s)
Counsel for Appellant(s)	: Jai Pratap Singh, Om Prakash Nag, Shitla Prasad Tripathi, Shivani Soni
Counsel for Respondent(s)	: G.A., Dinesh Kumar Tripathi, Vijay Kumar

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Court No. - 12

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HON'BLE MANISH MATHUR, J.

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Heard learned counsel for appellant, learned Additional Government Advocate for respondent No.1 and Mr. Vijay Kumar, learned counsel for respondent No.2 whose counter affidavit filed today is taken on record.

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1A. Learned counsel for appellant does not wish to file any response thereto.

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This Criminal Appeal has been filed by the appellant under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 with a prayer to set aside order dated 30.06.2025 passed by Special Judge (SC/ST Act), Raebareli in Bail Application No.1745 of 2025 (Mohd. Jaan versus State of U.P.) arising out of Case Crime No.90 of 2025, under Sections 87, 352, 351(3), 64(1) B.N.S. & Sections 3(2)V, 3/5(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Jagatpur, District Raebareli rejecting bail to appellant.

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As per contents of First Information Report, allegations levelled is that the appellant enticed away the adult daughter of complainant three months prior to the registering the FIR whereafter she returned and again eloped with the appellant on 30.04.2025. Allegation levelled is that when the complainant and his family members

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CRLA No. 3207 of 2025

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confronted the appellant and his family members, they were humiliated with caste based epithets and informed that the complainant's daughter has changed her religion.

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Learned counsel for appellant submits that he has been falsely implicated in allegations levelled against him only on account of consensual relationship between appellant and the alleged victim and because complainant and his family members were against the interreligion marriage. He has adverted to statement of alleged victim recorded under Section 180 B.N.S.S. as well as to the medical examination conducted on 06.05.2025 to submit that the alleged victim has clearly indicated consensual relations between the two. He has thereafter adverted to statement recorded under Section 183 B.N.S.S which is completely contradictory and submits that the same has been made under pressure from her family members. It is submitted that appellant without any previous criminal history is under incarceration since 06.05.2025.

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Learned Additional Government Advocate as well as learned Counsel for respondent No.2 have opposed the appeal with the submission that the statement of victim recorded under Section 183 B.N.S.S clearly indicates her forceful conversion as well as sexual exploitation. Learned Additional Government Advocate on the basis of instructions however submits that the appellant does not have any previous criminal history.

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Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that F.I.R. has been lodged clearly indicating relation-ship between the appellant and the major daughter of complainant due to which she eloped with him twice. The said aspect has been reiterated by the alleged victim in the statement recorded under Section 180 B.N.S.S. as well as the statement given by the daughter at the time of medical examination corroborating that she was in a consensual relation-ship with the appellant which was being opposed by her family. She has however struck a discordant note in the statement recorded under Section 183 B.N.S.S. and such complete contradiction would require explanation

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CRLA No. 3207 of 2025

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at the time of trial. The appellant without any previous criminal history is under incarceration since 06.05.2025. The aspect as to whether religion was actually converted of the own volition of the alleged victim or was forcible is also a matter of corroboration during trial with the evidence.

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Considering the facts and circumstance of the case, without commenting on merits and subject to evidence, I am of the view that the learned Court below has failed to appreciate the material available on record. The order passed by the Court below is liable to be set aside.

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Accordingly, the appeal is allowed and order dated 30.06.2025 is set aside.

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Let appellant/applicant involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:-

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

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

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(iii) The appellant/applicant 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 any police officer or tamper with the evidence.

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(iv) The appellant/applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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CRLA No. 3207 of 2025

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(v) The appellant/applicant shall remain present before the trial court 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 229-A of the Indian Penal Code (now Section 269 of the Bharatiya Nyaya Sanhita, 2023).

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(vi) In case, the appellant/applicant misuses the liberty of ball during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the appellant/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 174-A of the Indian Penal Code (now Section 209 of the Bharatiya Nyaya Sanhita, 2023).

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Pending applications if any too stand disposed of .

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(Manish Mathur,J.)

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April 29, 2026 Subodh/-

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

Mohd. Jaan v. State of U.P. Thru. Prin. Secy. Home, Lko and Another

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Mohd. Jaan v. State of U.P. Thru. Prin. Secy. Home, Lko and Another

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