SUHAIL KHAN @ CHOTTUversusSTATE OF U.P. AND 3 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 29328 of 2026

Suhail Khan @ Chottu
                                                              .....Applicant(s)
                                    Versus

State Of U.P. And 3 Others
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)                     :   Mohd. Nasim Ahmad
Counsel for Opposite Party(s)                :   G.A.

Court No. - 67
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Mohd. Nasim Ahmad along with Ms. Shazia Parveen, learned
counsel for the applicant, Sri Uma Shankar Mishra, learned AGA for the
State-respondents and perused the record.

2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer
to release him on bail in Case Crime No. 51 of 2026 under Sections 87,
65(1), 3(5) BNS, sections 3(1), 5(1) of Prohibition of Unlawful Conversion
of Religion Act and section 3/4(2), 5(1)6 POCSO Act registered at Police
Station Chunar, District Mirzapur during pendency of the trial.

3. At the very outset, learned A.G.A. states that notice has been served upon
the first informant.

4. It has been argued by learned counsel for the applicant that applicant has
been falsely implicated in the present case and on perusal of the statements
of the victim recorded under sections 180 and 183 BNSS, it appears that she
is a consenting party. It is further submitted that victim is major aged about
19 years as per the FIR as well as her statements under sections 180 and 183
BNSS and 18 years as per radiological report. It is further submitted that as
per High School certificate, date of birth of the victim is 24.10.2007. It is
further submitted that applicant, who has no criminal history, has been
languishing in jail since 19.2.2026 and he undertakes that he will not misuse
the liberty, if granted. It has also been pointed out that in the wake of heavy
pendency of cases in the Court, there is no likelihood of any early conclusion
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of trial.

5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to
the applicant and submits that the applicant forced the victim to convert her
religion from Hinduism to Islam.

6. As per the FIR, applicant is said to have enticed away the daughter of the
first informant aged about 19 years, however, she has been recovered. The
victim has stated in her statements recorded under sections 180 and 183
BNSS that she left her home and entered into matrimonial alliance with the
applicant on her own free will. She has also stated that she was in
relationship with the applicant for the last four years and when the applicant
asked her to convert her religion to Islam, she willfully agreed to the same.
Date of birth of the victim as per High School certificate is 24.10.2007.
Applicant, who has no criminal history, has been languishing in jail since
19.2.2026

7. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I find
it to be a fit case for bail. Hence, the present bail application is ALLOWED.

8. Let the applicant Suhail Khan @ Chottu involved in the aforesaid case
crime be released on bail on his furnishing a personal bond of Rs. 50,000/-
with two sureties each in the like amount to the satisfaction of the Court
concerned with the following conditions :-

(i) The 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 to any police officer
or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.

(iv) The 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
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                                    present in the trial court.

                                    (v) The applicant shall remain present before the trial court on each date
                                    fixed, either personally or through his counsel.

                                    9. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    10. It is clarified that anything said in this order is limited to the purpose of
                                    determination of this bail application and will in no way be construed as an
                                    expression on the merits of the case. The trial court shall be absolutely free
                                    to arrive at its independent conclusions on the basis of evidence led
                                    unaffected by anything said in this order.



                                                                                       (Jitendra Kumar Sinha,J.)
                                    September 9, 2026
                                    Madhurima




Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad