Allahabad High Court
WASIM ALIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Wasim Ali, who was arrested in connection with Crime No. 216 of 2026 involving alleged sexual relations with a 17‑year‑10‑month‑old girl, false promise of marriage, and an alleged request to convert her religion. The applicant contended that he was falsely implicated, had no prior criminal record, and that the victim had stated the relationship was consensual and refused a medical examination. The State opposed bail, emphasizing the victim’s allegation that the accused sought to convert her religion and the seriousness of the offences under the POCSO Act and the U.P. Prohibition of Unlawful Conversion of Religion Act. The Court, while noting the overcrowded jails and the Supreme Court’s recent bail guidelines, decided that the applicant was entitled to bail without expressing a view on the merits. Consequently, the bail was granted subject to a personal bond, sureties, and specific conditions. The order also directed verification of identities and prompt communication to the jail authorities. The decision reflects a balance between the rights of the accused and the interests of justice.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual activity with a minor, false promise of marriage, and alleged inducement to convert religion
- Whether the seriousness of the offences under the POCSO Act and the U.P. Prohibition of Unlawful Conversion of Religion Act precludes bail
Legislation cited
- B.N.S. — s. 137(2), 65(1), 87
- POCSO Act — s. 5L, 6
- U.P. Prohibition of Unlawful Conversion of Religion Act — s. 3, 5(1)
Subjects
- bail
- POCSO
- unlawful conversion of religion
- minor
- false promise of marriage
- overcrowded jails
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30857 of 2026
Wasim Ali
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Saif Ullah, Sudhakar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Sudhakar Yadav, learned counsel for the applicant and Shri
B.P. Maurya, learned A.G.A. for the State and perused the record. At the
very outset, learned AGA submits that the notice has been served on the
first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 216 of 2026, under Sections 137(2),
87, 65(1) of B.N.S. and Section 5L/6 of POCSO Act and Section 3/5(1) of
U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station
Sikrara, District Jaunpur during the pendency of the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that the victim
in her statement recorded under Sections 180 and 183 BNSS has clearly
stated that she was in consensual relationship with the applicant for the
last 6 years and the applicant is said to have established physical
relationship with the victim on the false promise of marriage. It is further
submitted that the age of the victim has been found to be 17 years and 10
months as per certificate of high school on the date of registration of the
first information report and the victim has refused to undergo medico
legal examination. It is further submitted that the applicant is having no
criminal history and the applicant has been languishing in jail since
14.06.2026, in case, he is granted bail, he will not misuse the liberty of
BAIL No. 30857 of 2026
2
bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
and it has been submitted by him that the victim in her statement recorded
under Sections 180 and 183 BNSS has stated that the applicant also asked
her to get her religion converted from Hinduism to Islam.
5. As per first information report, the applicant is said to have established
physical relationship with the victim on the false promise of marriage,
however, the victim in her statement recorded under Sections 180 and 183
BNSS has clearly stated that she was in consensual relationship with the
applicant for the last 6 years and the applicant also asked her to get her
religion converted from Hinduism to Islam. It is further submitted that the
age of the victim has been found to be 17 years and 10 months as per
certificate of high school on the date of registration of the first
information report and the victim has refused to undergo medico legal
examination. It is further submitted that the applicant is having no
criminal history and the applicant has been languishing in jail since
14.06.2026.
6. 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.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Wasim Ali involved in the aforementioned 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:-
BAIL No. 30857 of 2026
3
(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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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.
11. 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.
12. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Jaunpur 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 24, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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