VIVEK PATHANversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 29972 of 2026

Vivek Pathan
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)      : Mohd. Akif, Rajrshi Gupta
Counsel for Opposite Party(s) : Archana Srivastava, Arvind Kumar
                                Srivastava, G.A.

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

1. List revised. Heard Sri Rajrshi Gupta, learned counsel along with
Mohd. Akif, learned counsel for the applicant and Sri B.P. Maurya,
learned A.G.A. for the State and Sri Arvind Kumar Srivastava, learned
counsel for the first informant and Sri Riyaan Bhola, learned counsel for
the complainant/first informant through video conferencing.
Supplementary counter affidavit filed today is taken on record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 425 of 2026, under Sections 69, 75,
76, 77, 115(2), 351(3) BNS and Section 3/5(1) of Uttar Pradesh
Prohibition of Unlawful Conversion of Religion Act, Police Station
Indirapuram, District Trans Hindon (Commissionerate Ghaziabad), during
the pendency of the trial.

3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case. It is next
submitted that the first incident took place in the year 2022 and thereafter
the applicant and the victim remained in consensual relationship and the
applicant used to give sufficient amount to the victim for her proper
maintenance, however, due to some financial constraint the applicant has
not been able to pay hefty amount as demanded by the victim for her
maintenance, therefore, present FIR has been lodged. It is further
submitted that on perusal of the contents of the FIR as well as the
statement of the victim recorded under Sections 180 and 183 BNSS, it
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appears that she is a consenting party. It is also submitted that the
applicant has been languishing in jail since 22.5.2026 and he is having no
criminal history. It is lastly submitted that in case the applicant is granted
bail, he will not misuse the liberty of bail and would cooperate in the trial
proceedings.

4. Per contra, learned counsel for the first informant/complainant
appearing through Video Conferencing has vehemently opposed the
prayer for bail and it is submitted that the applicant usually travels to
Dubai and if he is granted bail in the present case, he may not be able to
face trial and he may escape and he is flight risk. It is further submitted
that the applicant has spoiled the life of the victim as he is already married
and he is having children and the victim did not know about his marriage
and having children, therefore, she came in consensual relationship with
him. It is also submitted that the applicant has numerous love affairs with
other girls/lady and he is spoiling their lives also. It is further submitted
that the victim has given birth to a child and both the victim and her child
have been left in lurch and the applicant has not been taking care of them.
It is further submitted that the applicant used to exert pressure on the
victim to get her religion converted from Hinduism to Islam and he also
used to exert pressure on her to read kalma.

5. Learned counsel for the first informant appearing physically has
adopted the same arguments as advanced by the learned counsel for the
complainant/first informant through Video Conferencing.

6. Learned A.G.A. has also opposed the prayer for bail.

7. The first incident is said to have taken place in the year 2022 and
thereafter the applicant and the victim came in consensual relationship for
the last four years. The victim is a major lady and it is submitted that on
perusal of the contents of the FIR as well as the statement of the victim
recorded under Sections 180 and 183 BNSS, it appears that she is a
consenting party, however, the victim has stated that she was forced to get
her religion converted from Hinduism to Islam by the applicant.
Chargesheet has already been submitted. It is submitted by the learned
counsel for the first informant that the applicant may not be able to face
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trial and he is flight risk as he usually travels to Dubai. The applicant has
been languishing in jail since 22.5.2026 and he is having no criminal
history.

8. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.

9. Accordingly, the present application is ALLOWED.

10. Let the applicant- Vivek Pathan involved in the aforementioned
crime be released on bail, on his furnishing a personal bond of Rs.
2,00,000/- and 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 cooperate in the trial/investigation sincerely
without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.

(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.

(v) The applicant shall deposit his passport to the court concerned and he
will not travel abroad without the permission of the Court.
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                                    11. In case of breach of any of the above conditions, it shall be a ground
                                    for cancellation of bail.

                                    12. Identity, status and residence proof of the applicant and sureties be
                                    verified by the court concerned before the bonds are accepted.
                                    Verification of mobile number and Aadhaar card of the applicant as well
                                    as sureties should be verified by the court concerned.

                                    13. It is further directed that the trial court shall send the release order to
                                    the concerned jail through Bail Order Management System (BOMS) to
                                    ensure early release of the applicant.

                                    14. Office is directed to send a copy of this order to the applicant through
                                    concerned Jail Superintendent via e-mail or e-prison portal within 24
                                    hours in compliance of the order of the Apex Court in the case of Policy
                                    Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
                                    of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.



                                                                                     (Jitendra Kumar Sinha,J.)
                                    September 23, 2026
                                    Abhishek




Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad