Allahabad High Court
PEER MOHAMMADversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court denied bail to the applicant, finding the case unsuitable for release pending trial.
Summary
Peer Mohammad applied for bail in a case involving alleged offences under the BNS, POCSO Act and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act. The applicant claimed he was falsely implicated, asserted the victim's consent, and pointed out the absence of any incriminating video, arguing that the three recovered photographs indicated mutual consent. The State contended that the applicant coerced the victim into converting to Islam, threatened and assaulted her, and produced three indecent photographs as evidence. The Court, after considering the seriousness of the allegations and the recovery of indecent photographs, found the case unsuitable for bail. Consequently, the bail application was rejected and the trial court was directed to expedite the trial without prejudice to the merits of the case.
Issues considered
- Whether bail should be granted to the accused given the nature and gravity of the offences alleged under the BNS, POCSO Act and the Unlawful Conversion of Religion Act
- Whether the presence of indecent photographs and alleged coercion negate the claim of consent and justify denial of bail
Legislation cited
- BNS — s. 137(2), 351(3), 352, 75(2), 87
- POCSO Act — s. 16, 17, 7, 8
- U.P. Prohibition of Unlawful Conversion of Religion Act — s. 3, 4
Subjects
- bail
- criminal procedure
- POCSO
- forced conversion
- indecent photographs
- consent
- Uttar Pradesh
- trial expeditious
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 22588 of 2026
Peer Mohammad
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Raman Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 57 out of 115)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned AGA, notice to the
informant has been served on 7.7.2026 but none is present on behalf of the
informant.
2. Heard Sri Raman Pandey, learned counsel for the applicant and Sri Ram
Mohit Yadav, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 110 of 2026, under Sections
137(2), 87, 75(2), 352, 351(3) of BNS, 7/8 & 16/17 of POCSO Act and 3/4
of U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station -
Munderwa, District - Basti, during the pendency of trial.
4. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. The applicant has no
nexus with the alleged offence. It is submitted that the victim is a consenting
party, as is evident from the facts and circumstances of the case. Attention
has been drawn to the fact that no incriminating video has been recovered
from the possession of the applicant, and the recovery of three photographs
has been foisted upon him. Even otherwise, a perusal of the said photographs
indicates mutual consent. Learned counsel further submits that the applicant
did not coerce the victim into religious conversion, and it was the applicant
who was assaulted by the family members of the victim, which stands
fortified by his medical injury report.
5. Learned counsel further submitted that the applicant has no criminal
history to his credit and has been languishing in judicial custody since
BAIL No. 22588 of 2026
2
06.05.2026. Learned counsel assures that in the event the applicant is
released on bail, he will not misuse the liberty of bail and shall fully
cooperate with the trial proceedings.
6. Per contra, learned AGA has vehemently opposed the bail application,
contending that the applicant coerced the victim to convert to Islam, besides
threatening and assaulting her. It is further submitted that the victim, in her
statement, has categorically alleged that the applicant forcibly captured her
photographs and videos. Attention has also been drawn to the recovery of
three indecent photographs of the victim with the applicant from his
possession.
7. Considering the facts and circumstances of the case, the submissions
advanced by the learned counsel for the parties, and particularly taking into
consideration the nature and gravity of the allegations along with the
recovery of three indecent photographs of the victim from the possession of
the applicant, this Court does not find it a fit case to release the applicant on
bail.
8. The bail application is, accordingly, rejected.
9. However, the Trial Court is directed to decide the aforesaid case
expeditiously, in accordance with law, if there is no legal impediment.
10. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
11. The Registrar (Compliance) is directed to communicate this order to the
Trial Court concerned forthwith for necessary information and compliance.
September 17, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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