Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants ha been falsely implicated in the present case. Applicants are not named in the first information report. Even in the statement of the victim recorded u/s 161 Cr.P.C. names of the applicants have not been disclosed. After, one month name of these applicants have been brought into light during the investigation for conspiracy. They have no concern with the present case. It is further submitted that victim is major whose date of birth is 22.08.1999 and she entered into the marriage with one Javed voluntarily. Applicants are languishing in jail since 22.12.2020 and in case he is released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Antar Husain, Ansar Husain & Shahid involved in Case Crime No. 513 of 2020, under Sections 366, 368, 120-B I.P.C. & Section 5 (1) The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, P.S. Jaleshar, District Etah, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which the are accused, or suspected of the commission of which they are suspected.
5. The applicants 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.2.2021 Ashok Gupta